New
Mexico Register / Volume XXXV, Issue 20 / October 22, 2024
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 2 ACUPUNCTURE
AND ORIENTAL MEDICINE PRACTITIONERS
PART 4 EXAMINATIONS
16.2.4.1 ISSUING AGENCY: New Mexico Board of Acupuncture and Oriental Medicine.
[16.2.4.1 NMAC, Rp, 16.2.4.1 NMAC 10/22/2024]
16.2.4.2 SCOPE: All applicants for licensure as doctors of oriental medicine.
[16.2.4.2 NMAC, Rp, 16.2.4.2 NMAC 10/22/2024]
16.2.4.3 STATUTORY AUTHORITY: This part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice Act, Subsection F of Section 61-14A-8, 9, 10 and 11 NMSA 1978.
[16.2.4.3 NMAC, Rp, 16.2.4.3 NMAC 10/22/2024]
16.2.4.4 DURATION
: Permanent.
[16.2.4.4 NMAC, Rp, 16.2.4.4 NMAC 10/22/2024]
16.2.4.5 EFFECTIVE DATE: October 22, 2024, unless a later date is cited at the end of a section.
[16.2.4.5 NMAC, Rp, 16.2.4.5 NMAC 10/22/2024]
16.2.4.6 OBJECTIVE: This part clarifies the contents, language, number and type of the examinations for licensure, the requirements for issuance of a license, the frequency of examination administration and re-examination requirements in the event of a failing score.
[16.2.4.6 NMAC, Rp, 16.2.4.6 NMAC 10/22/2024]
16.2.4.7 DEFINITIONS: Refer to definitions in 16.2.1.7 NMAC (Section 7 of Part 1 of the rules).
[16.2.4.7 NMAC, Rp, 16.2.4.7 NMAC 10/22/2024]
16.2.4.8 APPROVED EXAMINATIONS: The
board approved examinations shall consist of a written examination portion and
a practical examination portion. Certification
as a diplomate in oriental medicine by the NCCAOM, or all required NCCAOM
examinations must be completed prior to taking the clinical skills examination.
A. The written examinations approved by the board shall be:
(1) the national
certification commission for acupuncture and oriental medicine foundations of
oriental medicine module;
(2) the national
certification commission for acupuncture and oriental medicine acupuncture
module;
(3) the national
certification commission for acupuncture and oriental medicine Chinese
herbology module;
(4) the national
certification commission for acupuncture and oriental medicine biomedicine
module;
(5) the national
certification commission for acupuncture and oriental medicine approved clean
needle technique course; and
(6) the board approved, and
board administered jurisprudence examination covering the act and the rules; or
(7) the California state
examination and:
(a) an NCCAOM oriental medicine
diplomate certification; or
(b) both the NCCAOM acupuncture
and NCCAOM Chinese herbology diplomate certifications.
B. The practical examinations approved by the board shall
be:
(1) the national
certification commission for acupuncture and oriental medicine point location
module; and
(2) the clinical skills
examination; the clinical skills examination includes examination in
acupuncture, herbal medicine and biomedicine competencies.
C. The board may adopt such other examinations as may be
necessary for psychometric evaluation of its approved examinations.
[16.2.4.8 NMAC, Rp, 16.2.4.8 NMAC 10/22/2024]
16.2.4.9 EXAMINATION LANGUAGE: All examinations required by the board shall be given in English.
[16.2.4.9 NMAC, Rp, 16.2.4.9 NMAC 10/22/2024]
16.2.4.10 EXAMINATION REQUIREMENTS FOR
LICENSURE: The following shall be the examination requirements for licensure. All fees for nationally recognized
examinations shall be paid by the applicant and are not included in fees
charged by the board.
A. Certification as a diplomate in oriental medicine by the
NCCAOM, or achievement of a passing score as determined by the national
certification commission for acupuncture and oriental medicine (NCCAOM) on each
of the following prior to taking the clinical skills exam:
(1) the NCCAOM foundations of
oriental medicine module;
(2) the NCCAOM acupuncture
module;
(3) the NCCAOM Chinese
herbology module;
(4) the NCCAOM biomedicine
module; and
(5) the NCCAOM point location
module.
B. Achievement of a passing score of at least seventy-five
percent on the clinical skills examination.
To determine a passing score when the applicant is examined by more than
one examiner, if the applicant is examined by two examiners, the applicant must
receive a score of at least seventy-five percent after both scores are averaged
and if the applicant is examined by three examiners, the applicant must receive
a score of at least seventy-five percent from a majority of
the examiners. Passing examination
scores will be valid for five years, after which time they will expire, and the
applicant must reapply to take the examination.
C. Successful completion of the national certification
commission for acupuncture and oriental medicine approved clean needle
technique course.
D. Achievement of a passing score of not less than ninety
percent on the board approved and board administered jurisprudence examination
covering the act and the rules.
E. Applicants who completed the national certification
commission for acupuncture and oriental medicine (NCCAOM) examinations in
acupuncture and Chinese herbology prior to June 2004 are not required to pass
the NCCAOM foundations of oriental medicine module.
[16.2.4.10 NMAC, Rp, 16.2.4.10 NMAC 10/22/2024]
16.2.4.11 CLINICAL SKILLS EXAMINATION
FREQUENCY AND DEADLINES: The board shall hold a clinical skills
examination at least once each year provided that
applications for licensure are pending.
The initial application specified in 16.2.3.11 NMAC shall be received at
the board office at least 60 calendar days before the next scheduled clinical
skills examination date. The board shall
send a written response to the applicant informing the applicant of the
application’s completeness or needed documentation at least 45 calendar days
before the next scheduled clinical skills examination date. All documentation required to complete the
initial application for licensure shall be received at the board office at
least 35 calendar days before the next scheduled
clinical skills examination date. If the
application requirements are received at the board office after a deadline, the
application will be held and not processed until the deadline schedule for the
next subsequent clinical skills examination.
The applicant shall be notified of approval or denial of his or her
completed initial application for licensure specified in 16.2.3.11 NMAC, at
least 25 calendar days prior to the next scheduled clinical skills examination
date.
[16.2.4.11 NMAC, Rp, 16.2.4.11 NMAC 10/22/2024]
16.2.4.12 CLINICAL SKILLS EXAMINATION
CONFIRMATION: The board approved
confirmation card, provided to the applicant, shall be emailed to the applicant
upon receipt of the clinical skills examination fee specified in 16.2.10
NMAC. Confirmation of clinical exam passage will be valid for 24 months. After 24 months has
passed, the applicant will have
to retake the clinical exam and reapply as a new applicant.
[16.2.4.12 NMAC, Rp, 16.2.4.12 NMAC 10/22/2024]
16.2.4.13 PAYMENT OF CLINICAL SKILLS EXAMINATION FEE: The non refundable clinical skills examination fee specified in 16.2.10 NMAC shall be in U.S. funds and received in the board’s office at least 31 calendar days prior to the next scheduled clinical skills examination.
[16.2.4.13 NMAC, Rp, 16.2.4.13 NMAC 10/22/2024]
16.2.4.14 CLINICAL SKILLS EXAMINATION COMMITMENT: Upon receipt of the clinical skills examination fee for the next scheduled clinical skills examination, the applicant shall sit for the exam or forfeit the fee. The non-refundable clinical skills examination fee may be applied to a subsequent exam only as provided in Section 15 of 16.2.4 NMAC.
[16.2.4.14 NMAC, Rp, 16.2.4.14 NMAC 10/22/2024]
16.2.4.15 FORFEITURE OF CLINICAL SKILLS EXAMINATION FEE: Once the clinical skills examination fee is received in the board office, the applicant shall take the next scheduled clinical skills examination or forfeit the clinical skills examination fee. Under special circumstances the applicant may be allowed to take the next subsequent scheduled clinical skills examination without paying an additional examination fee.
[16.2.4.15 NMAC, Rp, 16.2.4.15 NMAC 10/22/2024]
16.2.4.16 FAILING SCORE: In the event that an applicant fails to achieve a passing score on the clinical skills examination, he may apply as provided in 16.2.4.17 NMAC and must pay the required fees.
[16.2.4.16 NMAC, Rp, 16.2.4.16 NMAC 10/22/2024]
16.2.4.17 RE-EXAMINATION: Applicants
who have failed the clinical skills examination may apply to take the next
subsequent clinical skills examination.
The applicant shall notify the board in writing of their commitment to
take the next subsequent clinical skills examination to be received at the
board office at least 60 days before the next clinical skills examination
date. The applicant shall then be
notified by the board of their acceptance to take the next clinical skills
examination at least 45 days prior to the next scheduled clinical skills
examination date. The applicant shall
pay the clinical skills examination fee in accordance with the provisions of
16.2.4.13 NMAC. If the applicant does
not pass the next scheduled clinical skills examination, the applicant shall
file a new application on the current form provided by the board, pay all the
required fees, and satisfy all current requirements in effect at the time the
application is made. If the applicant
passes the exam, but does not complete license
application within 12 months, the applicant will have to reapply as an initial
applicant.
[16.2.4.17 NMAC, Rp, 16.2.4.17 NMAC 10/22/2024]
16.2.4.18 EXAMINERS: The board shall select a group of doctors of oriental medicine to act as examiners for the clinical skills examination. These examiners shall have had five years of clinical experience at the time they are selected. The board or its designated agent shall train these examiners to judge applicants taking the board approved clinical skills examination in the application of the diagnostic and treatment techniques of acupuncture and oriental medicine.
[16.2.4.18 NMAC, Rp, 16.2.4.18 NMAC 10/22/2024]
16.2.4.19 EXAMINEE IDENTIFICATION: The
board administrator shall provide to Examiners the
full name, color photograph, and educational background of each Examinee at
least 30 days prior to their relevant clinical skills exam.
[16.2.4.19 NMAC – N, 10/22/2024]
16.2.4.20 REVIEW OF CLINICAL SKILLS
EXAMINATION SCORE: Applicants may request review of their
clinical skills examination results by the board or its examination committee
for significant procedural or computational error if such review request is
received in writing at the board office within 25 calendar days of notification
to the applicant of the clinical skills examination results.
[16.2.4.20 NMAC, Rp, 16.2.4.19 NMAC 10/22/2024]
History of 16.2.4
NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records - state records center and archives as:
AB 81-1, Regulations Governing Acupuncture Practitioners, filed 10/5/1981;
AB 82-1, Regulations Governing Acupuncture Practitioners, filed 6/16/1982;
AB 84-1, Regulations Governing Acupuncture Practitioners, Tutors and Institutes, filed 3/13/1984;
BCD 87-1, Emergency Regulations Governing Acupuncture Practitioners, Tutors and Institutes, filed 10/30/1987;
ACU 88-1 Regulations Governing Acupuncture Practitioners, Tutors and Institutes, filed 3/13/1989;
ACU Rule 91-6, Regulations Governing Acupuncture Practitioners, Tutors and Institutes Licensure by Examination, filed 2/18/1991;
ACU 91-6, Regulations Governing Acupuncture Practitioners, Tutors and Institutes, Licensure by Examination, filed 12/18/1991;
Rule 6, Regulations Governing Acupuncture Practitioners, Tutors and Institutes, Licensing by Examination, filed 8/28/1992;
Rule 6, Regulations Governing Acupuncture Practitioners, Tutors and Institutes, Licensing by Examination, filed 1/26/1993.
History of Repealed Material: 16.2.4.17 NMAC and 16.2.4.18 NMAC (both filed 4/20/2000) repealed 7/26/2001.
16.2.4.17 NMAC - Examinations, filed 4/20/2000, repealed effective 10/22/2024.
Other History:
Rule 6, Regulations Governing Acupuncture Practitioners, Tutors and Institutes, Licensing by Examination (filed 1/26/1993) renumbered, reformatted and replaced by 16 NMAC 2.4, Examinations, effective 7/1/1996.
16 NMAC 2.4,
Examinations (filed 6/14/1996) renumbered, reformatted, amended and replaced as
16.2.4 NMAC, Examinations, effective 5/20/2000.
16.2.4 NMAC - Examinations, filed 4/20/2000, replaced by 16.2.4 NMAC - Examinations, effective 10/22/2024.