New Mexico Register / Volume
XXXIV, Issue 8 / April 25, 2023
This is an amendment to 16.2.1 NMAC, Section
7 effective 4/25/2023.
16.2.1.7 DEFINITIONS: The following definitions apply to the rules and the act.
A. Definitions
beginning with “A”:
(1) “A4M” is the American academy of
anti-aging medicine.
(2) “ACAM” is the American college of
alternative medicine.
(3) [“ACAOM”]"ACAHM" is the
accreditation commission for acupuncture and [oriental] herbal
medicine, formerly known as and synonymous with the accreditation commission
for acupuncture and oriental medicine, (ACAOM), and any previous or former
names used by the institution including the national accreditation commission
for schools and colleges of acupuncture and oriental medicine, (ACSCAOM).
(4) “Act”
is the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-1
through 61-14A-22 NMSA 1978.
(5) “AMA” is the American medical association.
(6) “Animal acupuncture” is acupuncture
performed on any animal other than man.
Animal acupuncture is authorized under the supervision of a doctor of veterinary medicine licensed in New Mexico and
only under the guidelines of the rules of the New Mexico Veterinary Practice
Act 61-14-1 to 61-14-20 NMSA 1978 and the rules of the New Mexico board of
veterinary medicine 16.25.9.15 NMAC.
(7) “Applicant” is a person who has
submitted to the board an application for licensure as a doctor of oriental medicine.
(8) “Applicant for temporary licensure” is
a person who has submitted to the board an application for temporary licensure
as a doctor of oriental medicine.
(9) “Auricular acupuncture detoxification”
is an acupuncture related technique used only in the treatment and prevention
of alcoholism, substance abuse and chemical dependency. Auricular acupuncture detoxification may be
described or referred to as “auricular detoxification”, “acupuncture
detoxification”, “auricular acupuncture detoxification”, or “acudetox”.
(10) “Auricular detoxification specialist
supervisor” is a doctor of oriental medicine registered with the board
under the provisions of 16.2.16.18 NMAC.
(11) “Auricular detoxification specialist
training program” is a training program approved by the board under the
provisions of 16.2.16.26 NMAC to train certified auricular detoxification
specialists and auricular detoxification supervisors.
(12) “Auricular detoxification specialist
training program trainer” is a member of the staff of an auricular
detoxification specialist training program who, though not necessarily licensed
or certified by the state, shall be deemed to be a certified auricular
detoxification specialist only for the purposes of and only for the duration of
the auricular detoxification specialist training program.
(13) “Authorized substances” are the
specific substances defined in the four certification
in 16.2.20 NMAC that are authorized according to Paragraph (1) of Subsection C
of Section 61-14A-8 NMSA 1978 of the act for prescription, administration,
compounding and dispensing by a doctor of oriental medicine certified for a
specific category of expanded practice as defined in 16.2.19 NMAC.
B. Definitions beginning with “B”:
(1) "Bioidentical hormones" means
compounds, or salt forms of those compounds, that have exactly
the same chemical and molecular structure as hormones that are produced
in the human body.
(2) “Biomedical diagnosis” is a diagnosis
of a person’s medical status based on the commonly agreed upon guidelines of
conventional biomedicine as classified in the most current edition or revision
of the international classification of diseases, ninth revision, clinical
modification (ICD-9-CM).
(3) “Biomedicine” is the application of the
principles of the natural sciences to clinical medicine.
C. Definitions beginning with “C”:
(1) “Certified auricular detoxification
specialist” is a person certified by the board under the provisions of
16.2.16.10 NMAC to perform auricular detoxification techniques, only on the
ears, only in the context of an established treatment program and only under
the supervision of an auricular detoxification supervisor registered with the
board. A person certified pursuant to
Paragraph (1) of Subsection B of 61-14A-4 NMSA 1978 shall use the title of
“certified auricular detoxification specialist” or “C.A.D.S.”
(2) “Chief officer” is the board’s
chairperson or his or her designee serving to administer the pre-hearing
procedural matters of disciplinary proceedings.
(3) “Clinical experience” is the practice
of acupuncture and oriental medicine as defined in the act, after initial
licensure, certification, registration or legal recognition in any jurisdiction
to practice acupuncture and oriental medicine.
A year of clinical experience shall consist of not less than 500 patient
hours of licensed acupuncture and oriental medical practice within a calendar
year, seeing at least 25 different patients within that year. One patient hour is defined as one clock hour
spent in the practice of oriental medicine with patients.
(4) “Clinical skills examination” is a
board approved, validated, objective practical examination that demonstrates
the applicants entry level knowledge of and competency
and skill in the application of the diagnostic and treatment techniques of
acupuncture and oriental medicine and of biomedicine.
(5) “Complainant” is the complaining party.
(6) “Complaint committee” is a board
committee composed of the complaint committee chairperson and the complaint
manager.
(7) “Complaint committee chairperson” is a
member of the board appointed by the board’s chairperson.
(8) “Complaint manager” is the board’s
administrator or any member of the board appointed by the board’s chairperson.
D. Definitions beginning with “D”:
(1) “Department” is the state of New Mexico
regulation and licensing department.
(2) "Detoxification" is a concept
in integrative medicine based on the principle that illnesses can be caused by
the accumulation of toxic substances (toxins) in the body. Therapeutic support of elimination of these
toxins is detoxification.
(3) “Doctor of oriental medicine” is a physician
licensed to practice acupuncture and oriental medicine pursuant to the act and
as such has responsibility for his or her patient as a primary care physician
or independent specialty care physician.
E. Definitions beginning with “E”:
(1) “Educational course” is a comprehensive
foundation of studies, approved by the board leading to demonstration of entry
level competence in the specified knowledge and skills required for the four
respective certifications in expanded practice. An educational course is not an
educational program as this term is used in the act and the rules and as
defined in 16.2.1 NMAC.
(2) “Educational program” is a board
approved complete formal program that has the goal of educating a person to be
qualified for licensure as a doctor of oriental medicine in New Mexico, is at
least four academic years and meets the requirements of Section 61-14A-14 NMSA
1978 of the act and 16.2.7 NMAC.
(3) “Expanded practice” is authorized by of
Section 61-14-8.1 NMSA 1978 of the act and is granted
to a doctor of oriental medicine who is certified by the board after fulfilling
the requirements, in addition to those necessary for licensure, defined in
16.2.19 NMAC. Expanded practice is in
addition to the prescriptive authority granted all licensed doctors of oriental
medicine as defined in Paragraph (2) of Subsection G of Section 61-14A-3 NMSA
1978 of the act.
(4) “Extern” is a current applicant
undergoing supervised clinical training by an externship supervisor, and who
has satisfied the application requirements for extern certification and who has
received an extern certification issued by the board pursuant to 16.2.14 NMAC.
(5) “Externship” is the limited practice of
oriental medicine in New Mexico by an extern supervised by an externship supervisor
pursuant to 16.2.14 NMAC.
(6) “Externship supervisor” is a doctor of
oriental medicine who has at least five clinical experience,
maintains a clinical facility and maintains appropriate professional and
facility insurance, and who has satisfied the board’s application requirements
for an externship supervisor and has received an externship supervisor
registration issued by the board pursuant to 16.2.14 NMAC.
F. Definitions beginning with “F”: [RESERVED]
G. Definitions beginning with
“G”: Good cause” is the inability to comply because of serious accident,
injury or illness, or the inability to comply because of the existence of an
unforeseen, extraordinary circumstance beyond the control of the person
asserting good cause that would result in undue hardship. The person asserting
good cause shall have the burden to demonstrate that good cause exists.
H. Definitions beginning with “H”:
[RESERVED]
I. Definitions beginning with “I”:
(1) “Inactive licensee” means a licensee in
good standing whose license is placed on inactive status by the board and is
therefore considered an inactive license in compliance with 16.2.15 NMAC.
(2) "ICE” is the institute for
credentialing excellence.
(3) “IFM” is the institute for functional
medicine.
J. Definitions beginning with
“J”: [RESERVED]
K. Definitions beginning with
“K”: [RESERVED]
L. Definitions beginning with “L”:
(1) “Licensee” is a doctor of oriental
medicine licensed pursuant to the act.
(2) “License” has
the same meaning as defined in Paragraph (1) of Subsection F of Section 61-1-34
NMSA 1978.
(3) “Licensing
candidate” is an applicant whose initial application for licensure as a doctor
of oriental medicine has been approved by the board.
(4) “Licensing fee” has
the same meaning as defined in Paragraph (2) of Subsection F of Section 61-1-34
NMSA 1978.
(5) “Licensure
by endorsement” is a licensing procedure for the experienced practitioner
who completed his initial education in acupuncture and oriental medicine prior
to the establishment of current educational standards and who has demonstrated
his or her competency through a combination of education, examination,
authorized legal practice and clinical experience as defined in 16.2.17 NMAC.
Completion of the licensure by endorsement process results in full licensure as
a doctor of oriental medicine.
(6) “Limited
temporary license” is a license issued under the provisions of 16.2.5.12
NMAC for the exclusive purpose of teaching a single complete course in
acupuncture and oriental medicine and assisting in the implementation of new
techniques in acupuncture and oriental medicine including the study of such
techniques by licensed, registered, certified or legally recognized healthcare
practitioners from jurisdictions other than New Mexico. A limited temporary license shall be required
for any person who demonstrates, practices or performs diagnostic and treatment
techniques on another person as part of teaching or assisting in the
implementation of new techniques, if they are not a licensee or temporary
licensee. Limited temporary licenses
shall not be issued to teachers for the purpose of teaching full semester
courses that are part of an approved educational program.
(7) “Live
cell products” are living cells from glandular tissues and other tissues.
M. Definitions beginning with “M”: “Military
service member” has the same meaning as defined in Paragraph (3) of
Subsection F of Section 61-1-34 NMSA 1978.
N. Definitions beginning with “N”:
(1) “Natural
substances” are substances that exist in or are produced by nature and have
not been substantially transformed in character or use.
(2) “NCA” is a notice of contemplated
action.
(3) "NCCAOM"
is the national certification commission for acupuncture and oriental medicine.
O. Definitions beginning with “O”:
(1) “Office”
is the physical facility used for the practice of acupuncture and oriental
medicine and auricular detoxification.
(2) “Oxidative medicine” is the
understanding and evaluation of the oxidation and reduction biochemical
functions of the body and the prescription or administration of substances, and
the use of devices and therapies to improve the body’s oxidation and reduction
function and health.
P. Definitions beginning with “P”: “Protomorphogens” are extracts of glandular tissues.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions beginning with “R”:
(1) “Respondent” is the subject of the
complaint.
(2) “Rules” are the rules, promulgated
pursuant to the act, governing the implementation and administration of the act
as set forth in 16.2 NMAC.
S. Definitions beginning with “S”:
(1) “Substantial
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.
(2) “Supervised clinical observation” is
the observation of acupuncture and oriental medical practice, in actual
treatment situations under appropriate supervision.
(3) “Supervised clinical practice” is the
application of acupuncture and oriental medical practice, in actual treatment
situations under appropriate supervision.
(4) “Supervision” is the coordination,
direction and continued evaluation at first hand of the student in training or
engaged in obtaining clinical practice and shall be provided by a qualified
instructor or tutor as set forth in 16.2.7 NMAC. No more than four students
shall be under supervision for supervised clinical practice and no more than
four students shall be under supervision for supervised clinical observation by
a qualified instructor at any time.
T. Definitions beginning with “T”:
(1) “Temporary licensee”
is a doctor of oriental medicine who holds a temporary license pursuant to the
act, 61-14-12 NMSA 1978 and 16.2.5 NMAC.
(2) “Therapeutic serum” is a product
obtained from blood by removing the clot or clot components and the blood
cells.
(3) “Treatment program” is an integrated
program that may include medical and counseling services for disease
prevention, harm reduction or the treatment or prevention of alcoholism,
substance abuse or chemical dependency that is located at a fixed location or
in a mobile unit and approved by the board under the provisions of 16.2.16.28
NMAC.
U. Definitions beginning with “U”:
“USP 797” is the United States
pharmacopeia Chapter 797 pharmaceutical compounding.
V. Definitions beginning with “V”:
“Veteran” has the same meaning as defined in Paragraph (4) of Subsection
F of Section 61-1-34 NMSA 1978.
W. Definitions beginning with “W”:
[RESERVED]
X. Definitions beginning with “X”:
[RESERVED]
Y. Definitions beginning with “Y”:
[RESERVED]
Z. Definitions beginning with “Z”:
[RESERVED]
[16.2.1.7 NMAC - Rp, 16.2.1.7 NMAC
02/11/2022; A, 4/25/2023]