New Mexico Register / Volume XXXV, Issue 20
/ October 22, 2024
This is an
amendment to 16.2.17 NMAC, Section 9, 10, 11 and 16 effective 10/22/2024.
16.2.17.9 EDUCATIONAL PROGRAM REQUIREMENTS:
A. An applicant for licensure by endorsement shall provide proof that he completed an educational program in acupuncture that fulfilled the requirements of the national certification commission for acupuncture and oriental medicine in place in 1992 or if graduated after 1992 is in compliance with the educational program requirements in 16.2.7 NMAC or that was accredited by the accreditation commission for acupuncture and herbal medicine, ACAHM.
B. If the educational program is no longer in existence, or if the applicant’s records are not available for good cause, the applicant for licensure by endorsement shall submit an affidavit so stating and shall identify the educational program, and shall provide the address, dates of enrollment, and curriculum completed, along with such other information and documents as the board shall deem necessary. The board, in its sole and sound discretion, may accept as adequate and sufficient or reject such evidence presented in lieu of the records otherwise required.
C. If an applicant graduated before 1992 from an educational program lacking annual approval status from the board for the year of graduation, as defined in 16.2.7.10 NMAC, then the applicant shall apply for a single instance review. The applicant must obtain an approval of the educational program for use by a single applicant and will need to submit the following to the board:
(1) the
required application fee as specified in 16.2.10 NMAC, paid [by check or
money order in] U.S. funds; and
(2) [an]
a complete application [on a form prescribed by the board,
completed and] in English, that contains the matriculation date for the
educational program, the information necessary to verify that the standards of
professional education required by 16.2.17.9 NMAC and an official copy of the
curriculum.
[16.2.17.9 NMAC - Rp, 16.2.17.9 NMAC, 2/11/2022; A, 4/25/2023; A, 10/22/2024]
16.2.17.10 INITIAL
LICENSURE BY ENDORSEMENT APPLICATION:
Upon [approval] submission of a complete application
for licensure by endorsement [application] that fulfills the
requirements listed below, the board shall issue a license that will be valid
until July 31 following the initial licensure.
[The application requirements for licensure by endorsement shall be
receipt of the following by the board:]
A. the fee for application for licensure by endorsement specified in 16.2.10 NMAC;
B. a
complete application for licensure by endorsement [application that
is complete and] in English [on a form provided by the board] that
shall include the applicant’s name, address, date of birth and social security
number, or individual tax identification number, if available;
[C. two passport-type photographs of the applicant taken not
more than six months prior to the submission of the application;]
[D.]
C. an affidavit as provided
on the initial licensure by endorsement application form as to whether the
applicant:
(1) has been subject to any disciplinary action in any jurisdiction related to the practice of acupuncture or oriental medicine, or related to any other profession including other health care professions for which the applicant is licensed, certified, registered or legally recognized to practice including resignation from practice, withdrawal or surrender of applicants license, certificate or registration during the pendency of disciplinary proceedings or investigation for potential disciplinary proceedings;
(2) has been a party to litigation in any jurisdiction related to the applicants practice of acupuncture and oriental medicine, or related to any other profession including other health care professions for which the applicant is licensed, certified, registered or legally recognized to practice;
(3) is in arrears on a court-ordered child support payment; or
(4) has violated any provision of the act or the rules; and
[E.] D. an official license history, which is a certificate from each
jurisdiction stating the disciplinary record of the applicant, from each
jurisdiction where the applicant has been licensed, certified, registered or
legally recognized to practice any other profession, including other health
care professions, in any jurisdiction, pursuant to any authority other than the
New Mexico Acupuncture and Oriental Medicine Practice Act; and
[F.] E. an affidavit as provided on the initial licensure by endorsement
application form stating that the applicant understands that:
(1) an applicant who has been subject to any action or proceeding comprehended by Subsection D of 16.2.17.10 NMAC may be subject to disciplinary action at any time, including denial, suspension or revocation of licensure, pursuant to the provisions of the act, Section 61-14A-17 NMSA 1978; and subject to the Uniform Licensing Act, Section 61-1-1 NMSA 1978, et seq., and subject to the Criminal Offender Employment Act, Section 28-2-1, NMSA 1978 et seq.; and
(2) an applicant who provides the board with false information or makes a false statement to the board may be subject to disciplinary action, including denial, suspension or revocation of licensure, pursuant to the provisions of the act, Section 61-14A-17 NMSA 1978, and the Uniform Licensing Act, Section 61-1-1, NMSA 1978, et seq.; and
[G.] F. an affidavit as provided on the initial licensure by endorsement
application form stating that the applicant understands that:
(1) the applicant is responsible for reading, understanding and complying with the state of New Mexico laws and rules regarding this application as well as the practice of acupuncture and oriental medicine;
(2) the license must be renewed annually by July 31; and
(3) the applicant must notify the board within 10 days if the applicant’s address changes; and
[H.] G. a copy of the applicant’s certificate or diploma from an
educational program evidencing completion of the educational program in
acupuncture as defined above in 16.2.17.9 NMAC; [this copy shall include on
it an affidavit certifying that it is a true copy of the original;]
[I.] H. a copy of the applicant’s transcript from the educational
program in acupuncture or oriental medicine evidencing completion of the
educational program in acupuncture as defined above in 16.2.17.9 NMAC; [this
copy shall include on it an affidavit certifying that it is a true copy of the
original;]
[J.] I. a copy of the applicant’s license, certificate, registration or
legal authority to practice acupuncture or oriental medicine in another state
or jurisdiction of the United States;
[K.] J. proof of clinical experience as required in Subsection A of
16.2.17.8 NMAC;
[L.] K. proof of successful completion of the examinations [required]
requirements below in 16.2.17.11 NMAC; and
[M.] L. an accurate translation in English of all documents submitted in a
foreign language; each translated document shall bear the affidavit of the
translator certifying that he or she is competent in both the language of the
document and the English language and that the translation is a true and
faithful translation of the foreign language original; each translated document
shall also bear the affidavit of the applicant certifying that the translation
is a true and faithful translation of the original; each affidavit shall be
signed before a notary public; the translation of any document relevant to an
application shall be at the expense of the applicant.
M. proof of current basic life support,
BLS, and CPR, with proof of having completed an American heart association,
American red cross, or American safety and health institute approved course;
hands-on supervised practice of clinical skills is required; the didactic
portion may be completed on-line; a current copy of this card shall be
submitted to the board at the time of the application.
[16.2.17.10 NMAC - Rp, 16.2.17.10 NMAC, 2/11/2022; A, 10/22/2024]
16.2.17.11 EXAMINATION
REQUIREMENTS: The following requirements shall be received
at the board’s office within [24] 12 months of the receipt of the
initial licensure by endorsement application:
A. proof
of certification in oriental medicine by the national certification
commission of acupuncture and oriental medicine (NCCAOM), or successful
completion of [one of] the following examination options:
(1) the national certification commission for acupuncture and oriental medicine (NCCAOM) comprehensive written exam (acupuncture portion);
(2) the NCCAOM foundations of oriental medicine module and the acupuncture module if completed after June 2004;
(3) the NCCAOM comprehensive written exam (Chinese herbology portion); or
(4) the NCCAOM foundations of oriental medicine module and the Chinese herbology module if completed after June 2004; and
B. proof of successful completion of the NCCAOM approved clean needle technique course;
C. proof of successful completion of the New Mexico clinical skills examination specified in 16.2.4.10 NMAC; and
D. proof of successful completion of the board approved and board administered jurisprudence examination specified in 16.2.4.10 NMAC
[16.2.17.11 NMAC - Rp, 16.2.17.11 NMAC, 2/11/2022; A, 10/22/2024]
16.2.17.16 EXPIRATION
AND ABANDONMENT OF APPLICATION: If
all licensure by endorsement application requirements have not been met within [24]
12 months of the initial licensure by endorsement application, the
application will expire and will be deemed abandoned. [Exceptions may be made, at the board’s
discretion, for good cause.] If the
licensure by endorsement application is abandoned and the applicant for
licensure by endorsement wants to reapply, the applicant for licensure by
endorsement shall be required to submit the completed current licensure by endorsement
application form, pay the current application fee and satisfy the requirements
for licensure by endorsement in effect at the time of the new licensure by
endorsement application. The board shall
notify the applicant for licensure by endorsement of pending abandonment of the
licensure by endorsement application by mail postmarked at least 60 days before
the date of abandonment which is the expiration of the 24-month deadline for
completing all requirements for licensure by endorsement. The board shall notify the applicant for
licensure by endorsement of abandonment of the application by mail postmarked
no more than 21 days after the date of abandonment.
[16.2.17.16 NMAC - Rp, 16.2.17.16 NMAC, 2/11/2022; A, 10/22/2024]