New Mexico Register / Volume XXXV, Issue 20 / October 22, 2024

This is an amendment to Section 7 of 16.2.1 NMAC, effective 10/22/2024.

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) "ACAHM" is the accreditation commission for acupuncture and 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] a complete application for licensure as a doctor of oriental medicine.

(8) “Applicant for temporary licensure” is a person who has submitted to the board [an] a complete 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.

(9) “Complete Application” an application with all required supporting documents prior to initial review.

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.

(4) “Initial License” means the first regular license received from a board for a person who has not been previously licensed.

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) “NCCA” is the national commission for certifying agencies.

[(3)] (4) "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”: [are extracts of glandular tissues.]

(1) “Preceptor” means a doctor of oriental medicine with at least ten years of clinical experience.

[(1)] (2) “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; A, 10/22/2024]