TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 2 ACUPUNCTURE
AND ORIENTAL MEDICINE PRACTITIONERS
PART 2 SCOPE OF PRACTICE
16.2.2.1 ISSUING
AGENCY: New Mexico Board of Acupuncture and Oriental
Medicine.
[16.2.2.1 NMAC - Rp, 16.2.2.1 NMAC, 02-15-05]
16.2.2.2 SCOPE: All
licensed doctors of oriental medicine, all licensed doctors of oriental
medicine certified for expanded practice as defined in 16.2.19 NMAC, temporary
licensees engaging in only those activities authorized on the temporary license,
externs engaging in only those activities authorized by the externship and
students enrolled in an educational program in acupuncture and oriental
medicine approved by the board working under the direct supervision of a
teacher at the approved educational program as part of the educational program
in which they are enrolled.
[16.2.2.2 NMAC - Rp,
16.2.2.2 NMAC, 02-15-05; A, 11-28-09]
16.2.2.3 STATUTORY
AUTHORITY: This part is promulgated pursuant to the
Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-3, 4, 6, 8 and
8.1 NMSA 1978.
[16.2.2.3 NMAC - Rp,
16.2.2.3 NMAC, 02-15-05]
16.2.2.4 DURATION: Permanent.
[16.2.2.4 NMAC - Rp,
16.2.2.4 NMAC, 02-15-05]
16.2.2.5 EFFECTIVE
DATE: 02-15-05, unless a later date is cited at the
end of a section.
[16.2.2.5 NMAC - Rp,
16.2.2.5 NMAC, 02-15-05]
16.2.2.6 OBJECTIVE: This
part clarifies the scope of practice of doctors of oriental medicine, temporary
licensees, externs and students and doctors of oriental medicine certified for
expanded practice.
[16.2.2.6 NMAC - Rp,
16.2.2.6 NMAC, 02-15-05; A, 11-28-09]
16.2.2.7 DEFINITIONS: Refer
to definitions in 16.2.1.7 NMAC (Section 7 of Part 1 of the rules).
[16.2.2.7 NMAC - Rp,
16.2.2.7 NMAC, 02-15-05]
16.2.2.8 SCOPE
OF PRACTICE: Pursuant to Section 61-14A-3 NMSA 1978, the
practice of oriental medicine in New Mexico is a distinct system of primary
health care with the goal of prevention, cure, or correction of any disease,
illness, injury, pain or other physical or mental condition by controlling and
regulating the flow and balance of energy, form and function to restore and
maintain health. Oriental medicine
includes all traditional and modern diagnostic, prescriptive and therapeutic
methods utilized by practitioners of acupuncture and oriental medicine. The scope of practice of doctors of oriental
medicine shall include but is not limited to:
A. evaluation, management and treatment services;
B. diagnostic examination, testing and procedures;
C. the ordering of diagnostic imaging procedures and
laboratory or other diagnostic tests;
D. the surgical procedures of acupuncture and other related
procedures;
E. the stimulation of points, areas of the body or
substances in the body using qi, needles, heat, cold, color, light, infrared
and ultraviolet, lasers, sound, vibration,
pressure, magnetism, electricity, electromagnetic energy, bleeding,
suction, or other devices or means;
F. physical medicine modalities, procedures and devices;
G. therapeutic exercises, qi exercises, breathing
techniques, meditation, and the use of biofeedback devices and other devices
that utilize heat, cold, color, light, infrared and ultraviolet, lasers, sound,
vibration, pressure, magnetism, electricity, electromagnetic energy and other
means therapeutically;
H. dietary and nutritional counseling and the prescription
or administration of food, beverages and dietary supplements therapeutically;
I. counseling and education regarding physical, emotional
and spiritual balance in lifestyle;
J. prescribing, administering, combining, providing, compounding and dispensing any non-injectable herbal medicine, homeopathic medicines, vitamins, minerals, enzymes, glandular products, natural substances, protomorphogens, live cell products, amino acids, dietary and nutritional supplements; cosmetics as they are defined in the New Mexico Drug, Device and Cosmetic Act and nonprescription drugs as they are defined in the Pharmacy Act;
K. the prescription or administration of devices, restricted
devices and prescription devices as defined in the New Mexico Drug, Device and
Cosmetic Act (Section 26-1-1 NMSA 1978) by a doctor of oriental medicine who
meets the requirements of 16.2.2.9 NMAC.
[16.2.2.8 NMAC - Rp,
16.2.2.8 NMAC, 02-15-05; A, 11-28-09]
16.2.2.9 DEVICES,
RESTRICTED DEVICES AND PRESCRIPTION DEVICES: The board determines that
devices, restricted devices and prescription devices as defined in the New
Mexico Drug, Device and Cosmetic Act (Section 26-1-1 NMSA 1978) are necessary
in the practice of oriental medicine.
Doctors of oriental medicine who have the training recommended by the
manufacturer of the device shall be authorized to prescribe, administer or
dispense the device.
[16.2.2.9 NMAC - Rp,
16.2.2.9 NMAC, 02-15-05; A, 11-28-09]
16.2.2.10 SCOPE
OF PRACTICE FOR EXPANDED PRACTICE:
A. In addition to the scope of practice for a licensed New
Mexico doctor of oriental medicine, the scope of practice for those certified
in expanded practice shall include certification in any or all of the following
modules: basic injection therapy, injection therapy, intravenous therapy and
bioidentical hormone therapy. practitioners
previously certified as Rx1 extended prescriptive authority, will be certified
for basic injection therapy and practitioners previously certified as Rx2 expanded
prescriptive authority, will be certified for injection therapy, intravenous
therapy and bioidentical hormone therapy.
B. The expanded practice shall include:
(1) the prescribing, administering, compounding and dispensing of herbal medicines, homeopathic medicines, vitamins, minerals, amino acids, proteins, enzymes, carbohydrates, lipids, glandular products, natural substances, natural medicines, protomorphogens, live cell products, gerovital, dietary and nutritional supplements, cosmetics as they are defined in the New Mexico Drug, Device and Cosmetic Act (26-1-1 NMSA 1978) and nonprescription drugs as they are defined in the Pharmacy Act (61-11-1 NMSA 1978); and
(2) the prescribing, administering, compounding and dispensing of the following dangerous drugs or controlled substances as they are defined in the New Mexico Drug, Device and Cosmetic Act, the Controlled Substances Act (30-31-1 NMSA 1978) or the Pharmacy Act:
(a) sterile water;
(b) sterile saline;
(c) sarapin or its generic;
(d) caffeine;
(e) procaine;
(f) oxygen;
(g) epinephrine;
(h) vapocoolants;
(i) bioidentical hormones; and
(j) biological products, including therapeutic
serum.
C. When compounding drugs for their patients, doctors
of oriental medicine certified for expanded practice and prescriptive authority
shall comply with the compounding requirements for licensed health care
professionals in the United States pharmacopeia and national formulary.
[16.2.2.10 NMAC - N,
02-15-05; A, 11-28-09]
16.2.2.11 [RESERVED]
[16.2.2.11 NMAC - Rp 16.2.2.10 NMAC, 02-15-05; Repealed, 11-28-09]
16.2.2.12 PRESCRIPTION
PADS: A doctor of oriental medicine, when
prescribing, shall use prescription pads imprinted with his name, address,
telephone number and license number. If
a doctor of oriental medicine is using a prescription pad printed with the
names of more than one doctor of oriental medicine, each doctor of oriental
medicine shall have a separate signature line indicating the name and license
number. Each specific prescription shall
indicate the name of the doctor of oriental medicine for that prescription.
[16.2.2.12 NMAC - Rp
16.2.2.11 NMAC, 02-15-05; A, 11-28-09]
16.2.2.13 [RESERVED]
[16.2.2.13 NMAC - N,
02-15-05; Repealed, 11-28-09 A/E, 06-15-10; A/E, 06-15-10; Re-pr, 11-28-10]
16.2.2.14 [RESERVED]
[16.2.2.14 NMAC - N,
02-15-05; Repealed, 11-28-09]
History of 16.2.2 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 10-05-81;
AB 82-1, Regulations
Governing Acupuncture Practitioners, filed 06-16-82;
AB 84-1, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes, filed 03-13-84;
BCD 87-1 Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes, filed 10-30-87;
ACU 88-1,
Regulations Governing Acupuncture Practitioners, Tutors, and Institutes, filed
03-13-89;
ACU 91-11,
Regulations Governing Acupuncture Practitioners, Tutors, and Institutes - Scope of Practice, filed 02-18-91;
ACU 91-11,
Regulations Governing Acupuncture Practitioners, Tutors, and Institutes - Scope of Practice, filed 05-11-92;
Rule 11, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes - Scope of Practice, filed 08-28-92;
Rule 11, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes - Scope of Practice, filed 12-19-94.
History of
Repealed Material: 16.2.2 NMAC, Scope of Practice (filed 09-15-2000) repealed 02-15-05.
Other History:
Rule 11, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes - Scope of Practice (filed 12-19-94)
was renumbered, reformatted and amended to 16 NMAC 2.2, Acupuncture and
Oriental Medicine - Scope of
Practice, effective 07-01-96.
16 NMAC 2.2,
Acupuncture and Oriental Medicine -
Scope of Practice (filed 06-14-96) was renumbered, reformatted, amended and
replaced by 16.2.2 NMAC, Scope of Practice, effective 10-15-2000.
16.2.2 NMAC, Scope
of Practice (filed 09-15-2000) was
replaced by 16.2.2 NMAC, Scope of Practice, effective 02-15-05.