New Mexico Register / Volume XXXV, Issue 15 / August 13, 2024

NOTICE OF PUBLIC RULE HEARING AND BOARD MEETING

The New Mexico Board of Acupuncture and Oriental Medicine will hold a rule hearing on Tuesday, September 24, 2024, at 9:00 a.m., immediately followed by a meeting of the board to consider any public comment and adoption of the proposed rule listed below.

Public participation is welcomed, and comments may be submitted in writing during the public comment period, or in person during the public rule hearing. The hearing and subsequent meeting will take place at the Regulation and Licensing Department, Sandia Conference Room, located at 5500 San Antonio Drive NE, Albuquerque, New Mexico 87109.

The hearing and subsequent meeting may also be accessed virtually via Microsoft Teams.

Meeting Link: https://teams.microsoft.com/

Meeting ID: 242 400 480 452

Passcode: Pzzn2A

or

Join by Phone: +1-505-312-4308

Phone Access Code: 322 739 231#

The purpose of the rule hearing is to consider changes to the current rule:

16.2.1 - General Provisions

16.2.3 - Application for Licensure

16.2.4 - Examinations

16.2.5 - Temporary Licensing

16.2.6 - Expedited Licensing

16.2.7 - Educational Programs

16.2.8 - License Renewal

16.2.9 - Continuing Education

16.2.10 - Fees

16.2.14 - Externships

16.2.15 - Inactive License

16.2.16 - Auricular Detoxification

16.2.17 - Licensure by Endorsement

16.2.18 - Educational Courses for Expanded Practice Certification

16.2.19 - Expanded Practice Certifications

Copies of the proposed rule may be obtained through the board website or contacting the Board Administrator through the information below:

https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/acupuncture-and-oriental-medicine/statutes-rules-and-rule-hearings/

Kathleen Gonzales, Board Administrator

(505) 476-4622 - Main Line for the Boards and Commissions Division

acuormedboard@rld.nm.gov

Written comment will be accepted during the public comment period, up until Tuesday, September 24, 2024, and may be submitted either by email or by postal mail to the following addresses:

acuormedboard@rld.nm.gov

Attn: New Mexico Board of Acupuncture and Oriental Medicine

P.O. Box 25101

Santa Fe, NM 87504

Written comments received during the public comment period prior to the public rule hearing will be posted to the board website page linked above. Public comment will also be accepted during the rule hearing and may be submitted in writing or presented orally by those attending both in-person and virtually. The board will not enter into substantive discussion of public comments during the rule hearing but will consider and deliberate any public comment during the board meeting immediately following the conclusion of the public rule hearing.

The agenda for the board meeting, which will begin immediately after the public rule hearing, will be available no less than 72 hours prior to the meeting, and available on the Board website linked above or by contacting the Board Administrator.

An individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the hearing, please contact the Board Administrator.

Statutory Authority:

The proposed rule changes are authorized by the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-1 through 61-14A-22 NMSA 1978, which provides explicit authority for the board to promulgate rules to protect public health and safety and carry out the provisions of the Act. The rulemaking and public rule hearing is governed by the State Rules Act, Sections 14-4-1 through 14-4-11 NMSA 1978, and the Default Procedural Rule for Rulemaking promulgated by the New Mexico Department of Justice, Parts 1.24.25.1 through 1.24.25.16 NMAC.

Purpose of Proposed Rules:

The proposed rule changes are intended primarily to address the language and procedures for licensing according to the updated, paperless, NM-PLUS system. Additionally, changes to the Sonography and Expanded Practice will allow for practitioners to better work within the scope of practice.

Summary of Proposed Rules:

The proposed rule changes include standardized language to align with the new standard for licensing within the RLD system. All language pertaining to the need for paper applications or submitting non-electronic forms of payment will be removed.

The proposed rule changes would also open up the possibility to be licensed as a Expanded Practice for Basic Injection, removing the need for a psychometric evaluation.

Additionally, the change within the Sonography credentialing will provide us with an official credentialing entity, Alliance for Physician Certification & Advancement.