New
Mexico Register / Volume XXXV, Issue 20 / October 22, 2024
This is an
amendment to 16.2.19 NMAC, Sections 8, 9, 11, 12, 13, 15, 17 and 19 effective 10/22/2024.
16.2.19.8 EXPANDED PRACTICE CERTIFICATION
GENERAL PROVISIONS: The four [(4)] categories of expanded
practice certification authorized by 61-14A-8.1. NMSA 1978 and defined in
16.2.19 NMAC that include, basic injection therapy,
injection therapy, intravenous therapy and bioidentical hormone therapy shall
all include the following provisions:
A. a doctor of oriental medicine [or] enrolled in an
educational course shall be authorized to perform the techniques and shall have
the prescriptive authority, for the duration of the course, to administer and
compound the substances that are authorized in the expanded practice formulary
for which he is studying under the supervision of the board approved teacher
for that educational course; under other circumstances the student shall not be
authorized to obtain, prescribe or dispense such substances;
B. upon receipt of
a current copy of CPR/BLS card the board shall
annually renew the expanded practice certifications of a doctor of oriental
medicine in good standing if the licensee has completed all continuing
education required by 16.2.9 NMAC;
C. all expanded
practice and prescriptive authority certifications shall automatically
terminate when licensure as a doctor of oriental medicine:
(1) is
placed on inactive status as specified in 16.2.15 NMAC;
(2) expires
as specified in 16.2.8 NMAC; or
(3) is
suspended, revoked or terminated for any reason as defined in 16.2.12 NMAC;
D. Proof of
completion of an ASHP course relative to USP 797 is required for the first time
renewal of basic injection therapy.
E. an expanded
practice certification that is revoked or terminated shall not be reinstated;
the doctor of oriental medicine must reapply for expanded practice
certification as a new applicant;
F. all expanded
practice certifications that were automatically terminated due to inactive
status, expiration or suspension as specified in Subsection E of 16.2.19.8
NMAC, shall be automatically reinstated when licensure as a doctor of oriental
medicine is reinstated, provided that:
(1) all
fees required by 16.2.10 NMAC have been paid;
(2) all
continuing education requirements specified in 16.2.9 NMAC have been completed;
and
(3) all
other relevant, reinstatement provisions, required by
board rule, have been completed;
G. each year the board may review the expanded practice
formularies for necessary amendments; when new substances are added to a
formulary, appropriate education in the use of the new substances shall be
approved and required by the board and the board of pharmacy for doctors of
oriental medicine applying for new certification or as continuing education for
renewal of the applicable expanded practice certification or certifications;
H. a doctor of oriental medicine certified for a category of
expanded practice under 16.2.19 NMAC that authorizes the use of testosterone, a
controlled substance, and any other drug that is classified as a controlled
substance, shall register with the federal DEA (drug enforcement agency) prior
to obtaining, prescribing, administering, compounding or dispensing the
controlled substance;
I. a doctor of
oriental medicine certified for expanded practice, when prescribing, shall use
prescription pads printed with [his or her] their
name, address, telephone number, license number and [his or her]
their specific expanded practice certifications; if a doctor of oriental
medicine is using a prescription pad printed with the names of more than one [(1)]
doctor of oriental medicine, the above information for each doctor of oriental
medicine shall be on the pad and the pad shall have a separate signature line
for each doctor of oriental medicine; each specific prescription shall indicate
the name of the doctor of oriental medicine for that prescription and shall be
signed by the prescribing doctor of oriental medicine;
J. a doctor of
oriental medicine certified for expanded practice shall always, when diagnosing
and treating a patient, use the skill and care ordinarily used by reasonably
well-qualified doctors of oriental medicine similarly certified and practicing
under similar circumstances, giving due consideration to the locality involved;
failure to comply with this fundamental requirement may result in denial,
suspension or revocation of licensure or certification, or other disciplinary
measures, pursuant to the provisions of the act, [NMSA 1978], Section
61-14A-17 NMSA 1978, and the Uniform Licensing Act, [NMSA 1978],
Section 61-1-1 NMSA 1978, et seq.;
K. when a doctor of
oriental medicine is certified for injection therapy, this certification
automatically supersedes his certification for basic injection therapy; and
L. the
provisions for certification transition from extended prescriptive authority
(Rx1) and expanded prescriptive authority (Rx2) to the expanded practice
categories specified in 16.2.19 NMAC.
[16.2.19.8 NMAC - Rp, 16.2.19.8 NMAC, 6/16/2015; A, 10/22/2024]
16.2.19.9 EXPANDED PRACTICE CERTIFICATION
BOARD REQUIREMENTS:
A. The board shall
have final authority for certification of all applicants.
B. The board shall
notify the applicant in writing by mail postmarked no more than [thirty (30)]
30 days after the receipt of the initial application as to whether the
application is complete or incomplete and missing specified application
documentation.
C. The board shall
notify the applicant in writing by mail postmarked no
more than [thirty (30)] 30 days after the notice of receipt of
the complete application sent out by the board, whether the application is
approved or denied.
D. If the
application is denied, the notice of denial shall state the reason the
application was denied.
[E. In the
interim between regular board meetings the board’s chairman or an authorized
designee of the board shall approve an expanded practice certification to a qualified
applicant who has filed, with the board, a complete application and complied
with all requirements for expanded practice certification. The temporary expanded practice certification
will be ratified by the board on the date of the next regular board
meeting. Final expanded practice
certification shall only be granted by the board.]
[F.] E. the board shall maintain a list of each
doctor of oriental medicine who is certified for each expanded practice
category and shall notify the New Mexico board of pharmacy of all such
certified licensees;
[G.] F. The board shall have the authority to deny,
suspend, revoke or otherwise discipline an expanded practice certification, in
accordance with the Uniform Licensing Act, 61-1-1 to 61-1-31 NMSA 1978, for
reasons authorized in the act and clarified in 16.2.12 NMAC.
[16.2.19.9 NMAC - Rp, 16.2.19.9 NMAC, 6/16/2015; A, 10/22/2024]
16.2.19.11 BASIC INJECTION THERAPY CERTIFICATION: The
board shall issue, to a doctor of oriental medicine, certification for basic
injection therapy upon completion of the course prerequisites including 30
hours of Pharmacology as specified in 16.2.18.9 and the following requirements.
A. The doctor of
oriental medicine shall be a doctor of oriental medicine in good standing.
B. The doctor of
oriental medicine shall submit to the board the completed application [form
provided by the board.]
C. The doctor of
oriental medicine shall pay the application fee for expanded practice
certification specified in 16.2.10 NMAC.
D. The doctor of
oriental medicine shall submit, with the application, proof of successful
completion of the basic injection therapy educational course specified in 16.2.18 NMAC.
[16.2.19.11 NMAC - Rp, 16.2.19.11 NMAC, 6/16/2015; A, 10/22/2024]
16.2.19.12 INJECTION
THERAPY CERTIFICATION: The board shall issue to a doctor of oriental
medicine, certification for injection therapy, upon completion of the following
requirements.
A. The doctor of
oriental medicine shall be a doctor of oriental medicine in good standing.
B. The doctor of
oriental medicine shall submit to the board the completed application [form
provided by the board.]
C. The doctor of
oriental medicine shall pay the application fee for expanded practice
certification specified in 16.2.10 NMAC.
D. The doctor of
oriental medicine shall submit, with the application, proof of:
(1) current
certification by the board for basic injection therapy; or
(2) any
course combining basic injection therapy and injection therapy, as they are
specified in the board’s rules, or otherwise in accordance with law, must be
completed within two [(2)] years of the start of the course.
E. The doctor of
oriental medicine shall submit, with the application, proof of successful
completion of the injection therapy educational course approved by the board.
[16.2.19.12 NMAC - Rp, 16.2.19.12 NMAC, 6/16/2015; A, 10/22/2024]
16.2.19.13 INTRAVENOUS THERAPY CERTIFICATION:
The board shall issue
to a doctor of oriental medicine, certification for intravenous therapy, upon
completion of the course prerequisites including board certification in basic
injection therapy, and three [(3)] hours of college level biochemistry,
and the following requirements.
A. The doctor of
oriental medicine shall be a doctor of oriental medicine in good standing.
B. The doctor of
oriental medicine shall submit to the board the completed application [form
provided by the board].
C. The doctor of
oriental medicine shall pay the application fee for expanded practice certification
specified in 16.2.10 NMAC.
D. The doctor of
oriental medicine shall submit, with the application, proof of successful
completion of an intravenous therapy educational course approved by the board.
[16.2.19.13 NMAC – Rp, 16.2.19.13 NMAC, 6/16/2015; A, 10/22/2024]
16.2.19.15 BIOIDENTICAL HORMONE THERAPY
CERTIFICATION: The board shall issue to a doctor of oriental
medicine, certification for bioidentical hormone therapy, upon completion of
the following requirements:
A. the doctor of
oriental medicine shall be a doctor of oriental medicine in good standing;
B. the doctor of
oriental medicine shall submit to the board the completed application [form
provided by the board];
C. the doctor of
oriental medicine shall pay the application fee for expanded practice
certification specified in 16.2.10 NMAC; and
D. the doctor of
oriental medicine shall submit, with the application, proof of successful
completion of the bioidentical hormone therapy educational course approved by
the board.
[16.2.19.15 NMAC - Rp, 16.2.19.14 NMAC, 6/16/2015; A, 10/22/2024]
16.2.19.17 TRANSITION PROVISIONS:
A. A doctor of
oriental medicine, previously certified for extended prescriptive authority
including prolotherapy, (Rx1) as of the effective date of this section, shall
be automatically certified for basic injection therapy and prolotherapy using
previously taught and appropriate injection routes and only substances listed
in Paragraph (1) of Subsection F of 16.2.20.8 NMAC under the provisions of [16.2.19.10]
16.2.19.11 NMAC.
B. A doctor of
oriental medicine, previously certified for the expanded prescriptive authority
(Rx2) as of the effective date of this section, shall be automatically
certified for:
(1) injection
therapy under the provisions of [16.2.19.11] 16.2.19.12 NMAC basic
injection therapy certification is automatically superseded by injection
therapy certification;
(2) intravenous
therapy under the provisions of [16.2.19. 12] 16.2.19.13 NMAC;
and
(3) bioidentical
hormone therapy under the provisions of [16.2.19.13] 16.2.19.15 NMAC.
[16.2.19.17 NMAC - Rp, 16.2.19.16 NMAC, 6/16/2015, A, 10/22/2024]
16.2.19.19 ULTRASOUND
CREDENTIALING: A licensed doctor of
oriental medicine may utilize musculoskeletal diagnostic ultrasound and
ultrasound guidance of procedures with the RMSK credential from the alliance
for physician certification & advancement or APCA, or the registered musculoskeletal
sonographer credential from ARDMS, the American registry of diagnostic
medical sonography. A licensed doctor of
oriental medicine (DOM) who wishes to practice diagnostic musculoskeletal
ultrasound and ultrasound guidance of procedures shall register with the board
of acupuncture and oriental medicine (BAOM) to be provisionally credentialed to
practice diagnostic musculoskeletal ultrasound and ultrasound guided procedures
upon completion of a minimum of [thirty (30)] 30 hours in BAOM
approved courses. Within [thirty-six (36)] 36 months of
provisional credentialing, the doctor of oriental medicine shall submit to the
BAOM proof of scheduling for RMSK testing with APCA or registered musculoskeletal
sonographer testing with ARDMS. If the provisional credentialing
period is continued to [thirty-six (36)] 36 months without ARDMS
RMSK or APCA RMSK credentialing, the provisionally credentialed DOM
shall submit proof of [thirty (30)] 30 hours of continuing
education in courses approved by the BAOM.
Provisional credentialing shall lapse within [forty-eight (48)] 48
months of initial provisional credentialing. Ultrasound credentialing does not
require certification in expanded practice.
[16.2.19.19 NMAC - Rp, 16.2.19.18 NMAC, 6/16/2015; A, 10/22/2024]