TITLE 7 HEALTH
CHAPTER 34 MEDICAL USE OF CANNABIS
PART 2 ADVISORY BOARD
RESPONSIBILITIES AND DUTIES
7.34.2.1 ISSUING AGENCY:
New Mexico Department of Health, Medical Cannabis Program.
[7.34.2.1 NMAC - Rp, 7.34.2.1 NMAC, 2/27/2015]
7.34.2.2 STATUTORY AUTHORITY:
The requirements set forth herein are promulgated by the secretary of the
department of health pursuant to the authority granted under Section
9-7-6 (E) NMSA 1978, and the Lynn and Erin Compassionate Use Act, 26-2B-1 et
seq. NMSA 1978.
[7.34.2.2 NMAC - Rp, 7.34.2.2 NMAC, 2/27/2015]
7.34.2.3 SCOPE: This part governs the membership, duties, responsibilities
and public hearing proceedings of the medical cannabis advisory board.
[7.34.2.3 NMAC - Rp, 7.34.2.3 NMAC, 2/27/2015]
7.34.2.4 DURATION:
Permanent.
[7.34.2.4 NMAC - Rp, 7.34.2.4 NMAC, 2/27/2015]
7.34.2.5 EFFECTIVE DATE: February 27, 2015, unless a later date is
cited at the end of a section.
[7.34.2.5 NMAC - Rp, 7.34.2.5 NMAC, 2/27/2015]
7.34.2.6 OBJECTIVE: The
objective of this part is to establish membership, duties, responsibilities,
and public hearing procedures that govern the medical cannabis advisory board
proceedings.
[7.34.2.6 NMAC - Rp, 7.34.2.6 NMAC, 2/27/2015]
7.34.2.7 DEFINITIONS:
A. Definitions
beginning with “A”:
(1) “Act” means the Lynn and Erin Compassionate Use Act, Sections 26-2B-1 through 26-2B-10, NMSA 1978.
(2) “Adequate supply” means
an amount of cannabis, in a form approved by the department possessed by a
qualified patient or collectively possessed by a qualified patient and the
qualified patient’s primary caregiver, that is determined by rule of the
department to be no more than reasonably necessary to
ensure the uninterrupted availability of cannabis for a period of three months
and that is derived solely from an intrastate source.
(3) “Administrative review committee” means
an intra-department committee that reviews qualified patient or primary
caregiver application denials in accordance with department rules. The administrative review committee shall
consist of the chief medical officer of the department (or that’s person’s
designee); a deputy secretary of the department (or that person’s designee),
and the chief nursing officer of the department (or that person’s designee).
(4) “Administrative withdrawal”
means the procedure for the voluntary withdrawal of a qualified patient or
primary caregiver from the medical cannabis program.
(5) “Advisory board” means
the medical cannabis advisory board
consisting of nine practitioners
knowledgeable about the medical use of cannabis, who are appointed by the
secretary.
(6) “Applicant” means any
person applying for enrollment or re-enrollment in the medical cannabis program
as a qualified patient or primary caregiver.
B. Definitions
beginning with “B”: [RESERVED]
C. Definitions
beginning with “C”:
(1) “Cannabis” means
(a) means
all parts of the plant Cannabis containing a delta-9-tetrahydrocannabinol
concentration of more than three-tenths percent on a dry weight basis, whether
growing or not; the seeds of the plant; the resin extracted from any part of
the plant; and every compound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or its resin; and
(b) does
not include the mature stalks of the plant; fiber produced from the stalks; oil
or cake made from the seeds of the plant; any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks, fiber, oil or
cake; the sterilized seed of the plant that is incapable of germination; the
weight of any other ingredient combined with cannabis to prepare topical or
oral administrations, food, drink or another product; or hemp;
(2) “Cannabis-derived product” or “cannabis product”
(a) means
a product that contains cannabis, including edible or topical products that may
also contain other ingredients; and
(b) does
not include the weight of any other ingredient combined with cannabis or
cannabis extract to prepare topical or oral administrations, food, drink or
another product.
(3) “CBD” means
cannabidiol, a cannabinoid and the primary non-psychoactive ingredient found in
cannabis.
(4) “CBDA” means cannabidiolic acid, a non-psychoactive ingredient found in
cannabis and an acid precursor to CBD.
D. Definitions beginning with “D”:
(1) “Debilitating medical condition” means:
(a) cancer;
(b) glaucoma;
(c) multiple sclerosis;
(d) damage to the nervous tissue of the spinal cord, with
objective neurological indication of intractable spasticity;
(e) seizure disorder, including epilepsy;
(f) positive status for human immunodeficiency virus or
acquired immune deficiency syndrome;
(g) admitted into hospice care in accordance with rules promulgated by the department;
(h) amyotrophic lateral sclerosis;
(i) Crohn’s disease;
(j) hepatitis C infection;
(k) Huntington’s disease;
(l) inclusion body myositis;
(m) inflammatory autoimmune-mediated
arthritis;
(n) intractable nausea or vomiting;
(o) obstructive sleep apnea;
(p) painful peripheral neuropathy;
(q) Parkinson’s disease;
(r) posttraumatic stress disorder;
(s) severe chronic pain;
(t) severe anorexia or cachexia;
(u) spasmodic torticollis;
(v) ulcerative colitis; or
(w) any other medical condition, medical
treatment, or disease as approved by the department which results in pain,
suffering, or debility for which there is credible evidence that medical use cannabis could be of benefit.
(2) “Department”
means the department of health or its agent.
(3) “Diversion” means the unlawful transfer
of a cannabis plant, plant material, or cannabis-derived product.
(4) “Dried usable cannabis” means the dried leaves, flowers, and trim of the female
cannabis plant, but does not include the seeds, stalks, or roots of the
cannabis plant.
(5) “Dry weight basis” means a process by which
delta-9-tetrahydrocannabinol concentration is measured relative to the
aggregate weight of all parts of the plant genus Cannabis, whether growing or
not, including the leaves of the plant, the flowers and buds of the plant, the
seeds of the plant, the resin of the plant and the stalks of the plant, at the
point of harvest and with no moisture added to the harvested plant.
E. Definitions beginning with “E”: [RESERVED]
F. Definitions beginning with “F”: [RESERVED]
G. Definitions
beginning with “G”: [RESERVED]
H. Definitions
beginning with “H”: “Hemp” means the plant cannabis sativa
L. and any part of the plant, whether growing or not, containing a
delta-9-tetrahydrocannabinol concentration of no more than three-tenths percent
on a dry weight basis;
I. Definitions
beginning with “I”:
(1) “Intrastate” means existing or occurring within the state boundaries of
New Mexico.
(2) “Inversion” means the unlawful acquisition of a cannabis plant, plant
material, or cannabis-derived product.
J. Definitions beginning with “J”: [RESERVED]
K. Definitions
beginning with “K”: [RESERVED]
L. Definitions
beginning with “L”: “Licensee” means any person licensed by the New Mexico
cannabis control division pursuant to the Cannabis Regulation Act, Sections
26-2C-1 through 26-2C-42 NMSA 1978 who is authorized by that license to sell
cannabis to qualified patients, primary caregivers, and reciprocal
participants.
M. Definitions
beginning with “M”:
(1) “Medical cannabis program” means the program
established pursuant to the Lynn and Erin Compassionate Use Act for
authorization and regulation of the medical use of cannabis in the state.
(2) “Medical cannabis program director”
means the administrator of the medical cannabis program who holds that title.
(3) “Medical director” means a
medical practitioner designated by the department to
determine whether the medical condition of an applicant qualifies as a
debilitating medical condition eligible for enrollment in the program, and to
perform other duties.
(4) “Medical provider certification for
patient eligibility form” means a written certification form provided by the medical cannabis program signed by a
patient's practitioner that, in the practitioner's professional opinion, the
patient has a debilitating medical condition as defined by the act or this part
and would be anticipated to benefit from the use of cannabis.
(5) “Minor” means an
individual who is less than 18 years of age.
N. Definitions beginning with “N”: [RESERVED]
O. Definitions
beginning with “O”: [RESERVED]
P. Definitions beginning with “P”:
(1) “Paraphernalia” means any equipment, product, or material of any kind that
is primarily intended or designed for use in compounding, converting,
processing, preparing, inhaling, or otherwise introducing
cannabis or its derivatives into the human body.
(2) “Patient enrollment/re-enrollment
form” means the registry identification card application form for
patient applicants provided by the medical cannabis program.
(3) “Petitioner” means any New Mexico
resident or association of New Mexico residents petitioning the advisory board
for the inclusion of a new medical
condition, medical treatment, or disease to
be added to the list of debilitating medical conditions that qualify for the
use of cannabis.
(4) “Practitioner”
means a person licensed in New Mexico to prescribe and administer drugs that
are subject to the Controlled Substances Act, Sections 30-31-1 et seq., NMSA 1978.
(5) “Primary
caregiver” means a
resident of New Mexico who is at least 18 years of age and who has been
designated by the qualified patient or their representative and the patient’s
practitioner as being necessary to take
responsibility for managing the well-being of a qualified patient with respect
to the medical use of cannabis pursuant to the provisions of the Lynn and Erin
Compassionate Use Act, Section 26-2B-1 et seq., NMSA 1978.
(6) “Primary caregiver
application form” means the registry identification card application
form provided by the medical cannabis program.
Q. Definitions beginning with “Q”: “Qualified patient” means a
resident of New Mexico who has been diagnosed by a practitioner as having a
debilitating medical condition and has received written certification and a
registry identification card pursuant to the Lynn and Erin Compassionate Use
Act on the basis of having been diagnosed, in person or via telemedicine, by a
practitioner as having a debilitating medical condition.
R. Definitions
beginning with “R”:
(1) “Recall” means to request the return of
a product after the discovery of a safety issue or product defect.
(2) “Reciprocal limit” means the quantity
of cannabis and cannabis products that a reciprocal participant can use and
possess in a given year pursuant to department rule.
(3) “Reciprocal participant” means a person
who is not a resident of New Mexico and who holds proof of enrollment by a
governmental regulatory authority to participate in the medical cannabis
program of another state of the United States, the District of Columbia or a
territory or commonwealth of the United States in which the person resides or a
person who holds proof of enrollment by a governmental regulatory authority of
a New Mexico Indian nation, tribe or pueblo to participate in its medical
cannabis program;
(4) “Registry identification card” means a document
in printed or electronic form that the department issues:
(a) to
a qualified patient that identifies the bearer as a qualified patient and
authorizes the qualified patient to use cannabis for a debilitating medical
condition; or
(b) to
a primary caregiver that identifies the bearer as a primary caregiver
authorized to engage in the intrastate possession and administration of
cannabis for the sole use of a qualified patient who is identified on the
document.
(5) “Representative” means an
individual designated as the applicant’s or petitioner’s agent, guardian,
surrogate, or other legally appointed or
authorized health care decision maker.
S. Definitions
beginning with “S”: “Secretary” means the secretary of the New
Mexico department of health.
T. Definitions beginning
with “T”:
(1) “THC” means tetrahydrocannabinol, a substance that is the primary
psychoactive ingredient in cannabis.
(2) “Technical
evidence” means scientific, clinical, medical, or other specialized testimony, or
evidence, but does not include legal argument, general comments, or statements
of policy or position concerning matters at issue in the hearing.
(3) “Telemedicine”
means the use of telecommunications and information technology to provide
clinical health care from a site apart from the site where the patient is
located, in real time or asynchronously, including the use of interactive
simultaneous audio and video or store-and-forward technology, or off-site
patient monitoring and telecommunications in order to deliver health care
services.
U. Definitions beginning with “U”:
(1) “Unit” means a quantity of usable cannabis, concentrate, or cannabis-derived
product that is used in identifying the maximum supply that a qualified patient
may possess for purposes of department rules.
(2) “Usable
cannabis” means the dried leaves and flowers of the female cannabis
plant and cannabis-derived products, including concentrates, but does not
include the seeds, stalks, or roots of the plant.
V. Definitions beginning with “V”:
[RESERVED]
W. Definitions beginning with “W”:
(1) “Wastage” means the destruction of usable
cannabis or cannabis plants;
(2) “Written certification” means a
statement made on a department-approved form and signed by a patient's
practitioner that indicates, in the practitioner's professional opinion, that
the patient has a debilitating medical condition and the practitioner believes
that the potential health benefits of the medical use of cannabis would likely
outweigh the health risks for the patient.
X. Definitions
beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[7.34.2.7 NMAC - Rp, 7.34.2.7 NMAC, 2/27/2015;
A, 2/29/2016; A, 8/27/2019; A, 6/23/2020; A, 2/22/2022]
7.34.2.8 ADVISORY BOARD MEMBERSHIP
REQUIREMENTS AND RESPONSIBILITIES:
A. Advisory
board membership: The advisory board shall consist of
nine practitioners knowledgeable about
the medical use of cannabis. The members shall be chosen for appointment by the
secretary from a list proposed by the New Mexico medical society, the New
Mexico nurses association, the New Mexico academy of family physicians, the New
Mexico academy of physician assistants, the New Mexico pharmacists association,
or the New Mexico Hispanic medical association.
B. Duties
and responsibilities: The advisory
board shall convene at least twice per year to:
(1) review
and recommend to the department for approval additional debilitating medical
conditions that would benefit from the medical use of cannabis;
(2) recommend
quantities of cannabis that are necessary to constitute an
adequate supply for qualified patients and primary caregivers;
(3) accept
and review petitions to add medical conditions, medical treatments or diseases
to the list of debilitating medical conditions that
qualify for the medical use of cannabis and all
lawful privileges under the act and implementing rules;
(4) issue recommendations
concerning rules to be promulgated for the issuance of registry identification
cards; and
(5) review conditions previously reviewed by the board and approved by the
secretary for the purpose of determining whether to recommend the revision of
eligibility criteria for persons applying under those conditions or to review
new medical and scientific evidence pertaining to currently approved
conditions.
C. Advisory board membership term: Each member of the advisory board shall serve a term of two years from the date of appointment by the secretary. No
member may be removed prior to the expiration of his or her term without a
showing of good cause by the secretary.
D. Chairperson elect: The advisory board shall elect
by majority vote cast of the nine member board a chairperson and an alternate.
The chairperson or alternate shall exercise all powers and duties prescribed or
delegated under the act or this rule.
(1) Public
hearing responsibilities: The chairperson shall
conduct a fair and impartial proceeding, assure that the facts are fully
elicited and avoid delay. The chairperson shall have authority to take all
measures necessary for the maintenance of order and for the efficient, fair and
impartial resolution of issues arising during the public hearing proceedings or
in any public meeting in which a quorum of the advisory board are present.
(2) Delegation of chair: The chairperson
may delegate their responsibility to an
alternate. The alternate shall exercise all powers and duties prescribed or
delegated under the act or this part.
E. Per
diem and mileage:
All advisory board members appointed under the authority of the act or
this part will receive as their sole remuneration
for services as a member those amounts authorized under the Per Diem and
Mileage Act, Sections 10-8-1 et
seq., NMSA 1978.
[7.34.2.8 NMAC - Rp, 7.34.2.8 NMAC, 2/27/2015; A,
8/27/2019]
7.34.2.9 PETITION REQUIREMENTS:
A. Petition requirements. The
advisory board may accept and review
petitions from any individual or association of individuals requesting the
addition of a new medical condition, medical
treatment or disease for the purpose of participating in the medical cannabis program and all lawful privileges under
the act. Except as otherwise provided, a petitioner filing a petition shall
file the petition and a copy with the medical cannabis program staff by either
personal delivery or certified mail. In order for a petition to be processed
and forwarded to the advisory board the following information shall be
submitted to the medical cannabis program staff.
(1) Petition format:
Unless otherwise provided by this part or by order of the hearing officer, all
documents, except exhibits, shall be prepared on 8 1/2 x 11-inch white paper,
printed double-sided, if possible, and where appropriate, the first page of
every document shall contain a heading and caption. The petitioner shall
include in the petition documents a narrative address to the advisory board,
which includes:
(a) petition
caption stating the name, address and telephone number of the petitioner and the medical condition, medical
treatment or disease sought to be added to the existing debilitating medical
conditions;
(b) an
index of the contents of the petition, an introductory narrative of the individual or association of individuals requesting the inclusion of a new medical condition, medical treatment or
disease to include the individual or association of individuals’ relationship
or interest for the request whether that interest is professional or as a
concerned citizen;
(c) the proposed benefits from the medical use of cannabis
specific to the medical condition, medical treatment or disease sought to be
added to the existing debilitating medical conditions listed under the act; and
(d) any
additional supporting medical, testimonial, or scientific documentation.
(2) Statement of intent to present technical
evidence: If the petitioner wishes to present technical evidence at the hearing, the petition shall include a
statement of intent. The statement of intent to present technical evidence
shall include:
(a) the name of
the person filing the statement;
(b) the name of
each witness;
(c) an
estimate of the length of the direct testimony of each witness;
(d) a list of
exhibits, if any, to be offered into evidence at the hearing; and
(e) a
summary or outline of the anticipated direct
testimony of each witness.
B. Qualified patient applicant
petitioner: If the petitioner is submitting their requests as a potential
qualified patient applicant the petitioner shall
attach an original medical practitioner’s certification for patient eligibility
form provided by the medical cannabis program manager or designee which includes
the following information:
(1) the
name, address, telephone number and clinical licensure of the
petitioner’s practitioner;
(2) the
medical justification for practitioner’s certification of the petitioner’s
debilitating medical condition;
(3) the
practitioner’s signature and date of signature;
(4) the
name, address and date of birth of the petitioner;
(5) the
name, address and telephone number of the
petitioner’s practitioner;
(6) a
reasonable xerographic copy of the petitioner’s New Mexico driver’s license or
comparable New Mexico state or federal issued photo identification card
verifying New Mexico residence;
(7) documented parental consent if applicable to the petitioner;
(8) if
applicable, the petitioner’s potential debilitating medical condition;
(9) the
length of time the petitioner has been under the
care of the practitioner providing the medical provider certification for
patient eligibility;
(10) the
petitioner’s signature and date; and
(11) a
signed consent for release of medical information form provided by the medical cannabis program.
C. Petitioner confidentiality: The
department shall maintain a confidential file containing the names and
addresses of the persons who have either applied for or received a public
hearing petition request. Individual names
on the list shall be confidential and not subject to disclosure, except:
(1) to
authorized employees or agents of the department as necessary to perform the
duties of the department pursuant to the provisions of the act or this part;
(2) as
provided in the federal Health Insurance Portability and Accountability Act of
1996.
D. Department notification: The
medical cannabis program manager or designee shall review each petition request and within reasonable time after receipt issue notice
of docketing upon the petitioner, each advisory board member, and the advisory
board legal counsel. The notice of docketing shall contain the petition caption
and docket number, the date upon which the petition was received and scheduling
date of the advisory board public hearing. A copy of this rule shall be
included with a notice of docketing sent to the petitioner.
E. Examination allowed: Subject to
the provisions of law restricting the public disclosure
of confidential information, any person may, during normal business hours,
inspect and copy any document filed in any public hearing proceeding.
Inspection shall be permitted in accordance with the Inspection of Public
Records Act, Sections 14-2-1 et
seq., NMSA 1978, but may be limited by the Health Insurance Portability and
Accountability Act of 1996. Documents subject to inspection shall be made
available by the medical cannabis program manager, or designee as appropriate.
Unless waived by the department, the cost of duplicating documents or audio
filed in any public hearing proceeding shall be borne by the person seeking the
copies.
F. Notice of withdrawal: A petitioner may withdraw a
petition at any time prior to a decision by the advisory board by filing a
notice of withdrawal with the medical cannabis program manager or designee.
[7.34.2.9 NMAC - Rp, 7.34.2.9 NMAC, 2/27/2015]
7.34.2.10 ADVISORY BOARD PUBLIC HEARING
PROCEDURES:
A. Public hearing requirement: The advisory board
shall convene by public hearing at
least twice per year to accept and review petitions requesting the inclusion of
medical conditions, medical treatments or diseases to the list of debilitating
medical conditions. Any meeting consisting of a quorum of the advisory board
members held for the purpose of evaluating, discussing or otherwise formulating
specific opinions concerning the recommendation of a petition filed pursuant to
this rule, shall be declared a public hearing open to the public at all times,
unless a portion of the hearing is closed to protect information made
confidential by applicable state or federal laws. A petitioner or his or her representative may
request to close a portion of the hearing to protect the disclosure of
confidential information by submitting their request in writing and having that
request delivered to medical cannabis program staff at least 48 hours prior to
the hearing.
B. Location of the public hearing: Unless otherwise ordered by the advisory board, the public
hearing shall be in held in New Mexico at a location sufficient
to accommodate the anticipated audience.
C. Public hearing notice: The medical
cannabis program manager or designee shall, upon direction from the advisory
board chairperson, prepare a notice of public hearing setting forth the date, time and location of the hearing, a brief
description of the petitions received, and information on the requirements for
public comment or statement of intent to present technical evidence, and no later than 30 days prior to
the hearing date, send copies, with requests for publication, to at least one
newspaper of general circulation. The
program manager or designee may further issue notice of the hearing by any
other means the department determines to be acceptable to provide notice to the
public.
D. Public hearing agenda: The department shall make available an agenda containing a
list of specific items to be discussed or information on how the public may
obtain a copy of such agenda.
E. Postponement of hearing: Request for postponement of a public hearing will be granted, by the
advisory board for good cause shown.
F. Statement of intent to present
technical evidence: Any individual or
association of individuals who wish to present technical evidence at the
hearing shall, no later than 15 days prior to the
date of the hearing, file a statement of intent. The statement of intent to
present technical evidence shall include:
(1) the
name of the person filing the statement;
(2) indication
of whether the person filing the statement supports or opposes the petition at
issue;
(3) the
name of each witness;
(4) an
estimate of the length of the direct testimony of each witness;
(5) a
list of exhibits, if any, to be offered into evidence at the hearing; and
(6) a
summary or outline of the anticipated direct testimony of each witness.
G. Ex parte discussions: At no time after the initiation
and before the conclusion of the petition process under this part, shall the
department, or any other party, interested participant or their representatives
discuss ex parte the merits of the petitions with any advisory board member.
H. Public
hearing process: The
advisory board chairperson shall conduct the public hearing so as to provide a
reasonable opportunity for all interested persons to be heard without making
the hearing unreasonably lengthy or cumbersome or burdening the
record with unnecessary repetition.
(1) A quorum of the advisory board shall consist of five
voting members.
(2) The
advisory board chairperson or alternate shall
convene each public hearing by:
(a) introduction of the advisory board members;
(b) statutory authority of the board;
(c) statement of the public hearing agenda; and
(d) recognition of the
petitioner.
(3) Petitioner comment period. The petitioner or by
representative may present evidence to the advisory board. The advisory board
shall only consider findings
of fact or scientific conclusions of medical evidence
presented by the petitioner or by representative to the advisory board prior to
or contemporaneously with the public hearing.
(4) Public comment
period: The advisory board may provide for a public comment period. Public comment may be
by written comment, verbal or both.
(a) Written
comment: Any
individual or association of individuals may submit written comment to the
advisory board either in opposition or support of the inclusion
of a medical conditions, medical treatments or diseases to the existing list of
debilitating medical conditions contained under the act. All written comment
shall adhere to the requirements of Subsection F of this section.
(b) Public comment: Any member of the general public may
testify at the public hearing. No prior
notification is required to present general non-technical statements in support
of or in opposition to the petition. Any such member may also offer exhibits in
connection with his testimony, so long as the exhibit is non-technical in
nature and not unduly repetitious of the testimony.
I. Recording the hearing: Unless
the advisory board orders otherwise, the hearing will be audio
recorded. Any person, other than the advisory board, desiring a copy of the
audio tapes must arrange copying with the medical cannabis program or designee
at their own expense.
[7.34.2.10 NMAC - Rp, 7.34.2.10 NMAC,
2/27/2015; A, 8/27/2019]
7.34.2.11 ADVISORY BOARD RECOMMENDATION TO
THE DEPARTMENT:
A. Advisory board recommendation: Upon final
determination the advisory board shall provide to the secretary a written
report of finding, which recommends either the
approval or denial of the petitioner’s request.
The written report of findings shall include a medical justification for
the recommendation based upon the individual or collective expertise of the
advisory board membership. The medical
justification shall delineate between the findings of
fact made by the advisory board and scientific conclusions of credible medical
evidence.
B. Department final determination:
The department shall notify the petitioner within 10 days of the secretary’s determination. A denial by the secretary
regarding the inclusion
of a medical conditions, medical treatments or diseases
to the existing list of debilitating medical conditions contained under the act shall not represent a permanent denial by the department. Any individual or association of individuals may upon
good cause re-petition the advisory board. All requests shall present new supporting findings
of fact, or scientific conclusions of credible medical evidence not previously
examined by the advisory board.
[7.34.2.11 NMAC - Rp, 7.34.2.11 NMAC, 2/27/2015]
7.34.2.12 SEVERABILITY:
If any part or application of these rules is held to
be invalid, the remainder or its application to other situations or persons
shall not be affected. Failure to promulgate rules or implement any provision
of these rules shall not interfere with the remaining protections provided by
these rules and the act.
[7.34.2.12 NMAC - Rp, 7.34.2.12 NMAC, 2/27/2015]
HISTORY OF 7.34.2 NMAC:
Pre NMAC History: none.
History of Repealed Material:
7.34.2
NMAC, Advisory Board Responsibilities and Duties (filed 03/19/2008) repealed
12/30/2010.
7.34.2 NMAC, Advisory Board Responsibilities
and Duties (filed 12/16/2010) repealed 02/27/2015.
NMAC History:
7.34.2
NMAC, Advisory Board Responsibilities and Duties (filed 03/19/2008) was
replaced by 7.34.2 NMAC, Advisory Board Responsibilities and Duties, effective
12/30/2010.
7.34.2 NMAC, Advisory Board Responsibilities
and Duties (filed 12/16/2010) was replaced by 7.34.2 NMAC, Advisory Board
Responsibilities and Duties, effective 02/27/2015.