TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 2 ACUPUNCTURE
AND ORIENTAL MEDICINE PRACTITIONERS
PART 8
LICENSE RENEWAL
16.2.8.1 ISSUING
AGENCY: New Mexico Board of Acupuncture and Oriental
Medicine.
[16.2.8.1 NMAC - Rp,
16.2.8.1 NMAC, 2/11/2022]
16.2.8.2 SCOPE: All
licensed doctors of oriental medicine and all licensed doctors of oriental
medicine certified for expanded practice.
[16.2.8.2 NMAC - Rp,
16.2.8.2 NMAC, 2/11/2022]
16.2.8.3 STATUTORY
AUTHORITY: This part is promulgated pursuant to the
Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-8, 8.1, 9 and
15, NMSA 1978.
[16.2.8.3 NMAC - Rp, 16.2.8.3 NMAC, 2/11/2022]
16.2.8.4 DURATION: Permanent.
[16.2.8.4 NMAC - Rp,
16.2.28.4 NMAC, 2/11/2022]
16.2.8.5 EFFECTIVE
DATE: February 11. 2022, unless a later date is
cited at the end of a section.
[16.2.8.5 NMAC - Rp,
16.2.8.5 NMAC, 2/11/2022]
16.2.8.6 OBJECTIVE: This
part defines the requirements for renewal of licenses.
[16.2.8.6 NMAC - Rp,
16.2.8.6 NMAC, 2/11/2022]
16.2.8.7 DEFINITIONS: Refer
to definitions in 16.2.1.7 NMAC.
[16.2.8.7 NMAC - Rp,
16.2.8.7 NMAC, 2/11/2022]
16.2.8.8 LICENSE RENEWAL GENERAL
REQUIREMENTS:
A. Except as
otherwise provided in the act, these rules or state law, including but not
limited to the board’s right to deny an application for renewal pursuant to
Section 61-14A-17 NMSA 1978, and the Parental Responsibility Act, Section
40-5A-1 NMSA 1978, et seq., each licensed doctor of oriental medicine shall be
granted renewal of his license for one year upon receipt and approval by the
board or its designee of completion of the following requirements.
B. Any applicant for
license renewal who is licensed, certified, registered or legally recognized to
practice any profession, including health care professions, in any
jurisdiction, pursuant to any authority other than the New Mexico Acupuncture
and Oriental Medicine Practice Act, shall provide an affidavit regarding the
disciplinary record of the applicant since last renewing his or her license
with the board.
C. Any applicant for
license renewal who has been subject to any action or proceeding comprehended
by Subsection C of 16.2.8.10 NMAC, may be subject to disciplinary action,
including denial, suspension, or revocation of licensure, pursuant to the
provisions of Section 61-14A-17 NMSA 1978, and subject to the Uniform Licensing
Act, Section 61-1-1 NMSA 1978, et seq., and subject to the Criminal Offender
Employment Act, Section 28-2-1, NMSA 1978, et seq.
D. Any applicant for
license renewal who provides the board with false information or makes a false
statement to the board may be subject to disciplinary action, including denial,
suspension or revocation of licensure, pursuant to the provisions of Section
61-14A-17 NMSA 1978, and the Uniform Licensing Act, Section 61-1-1 NMSA 1978,
et seq.
[16.2.8.8 NMAC - Rp, 16.2.8.8 NMAC, 2/11/2022]
16.2.8.9 LICENSING
PERIOD: The licensing period shall run from August 1
to the following July 31. A newly
licensed doctor of oriental medicine shall be issued a license that shall be
required to be renewed on July 31, except that licenses initially issued after
May 1 shall not expire until July 31 of the next renewal period.
[16.2.8.9 NMAC - Rp,
16.2.8.9 NMAC, 2/11/2022]
16.2.8.10 ANNUAL LICENSE RENEWAL APPLICATION The board will renew a doctor of oriental medicine’s license upon receipt of a complete renewal application with the following supporting documentation, at the board office:
A. the license renewal fee specified in 16.2.10 NMAC paid in U.S. funds;
B. a complete license renewal application that is in English and shall include the applicant’s name, address, date of birth and social security number;
C. an affidavit as provided on the “annual license renewal form” as to whether the applicant since receiving or last renewing (whichever is more recent) his license with the board:
(1) has been subject to any disciplinary action in any jurisdiction related to the practice of acupuncture and oriental medicine, or related to any other profession including other health care professions for which the applicant is licensed, certified, registered or legally recognized to practice including resignation from practice, withdrawal or surrender of applicants license, certificate or registration during the pendency of disciplinary proceedings or investigation for potential disciplinary proceedings;
(2) has been a party to litigation in any jurisdiction related to the applicants practice of acupuncture and oriental medicine, or related to any other profession including other health care professions for which the applicant is licensed, certified, registered or legally recognized to practice;
(3) is in arrears on a court-ordered child support payment; or
(4) has violated any provision of the act or the rules; and
D. an affidavit as provided on the “annual license renewal form” regarding the applicant’s license history since last renewing his license with the board stating the disciplinary record of the applicant, from each jurisdiction where the applicant has been licensed, certified, registered or legally recognized to practice acupuncture or oriental medicine or any other profession, including other health care professions, in any jurisdiction, pursuant to any authority other than the New Mexico Acupuncture and Oriental Medicine Practice Act;
E. an affidavit as provided on the “annual license renewal form” stating that the applicant understands that:
(1) an applicant who has been subject to any action or proceeding comprehended by Subsection C of 16.2.8.10 NMAC may be subject to disciplinary action at any time, including denial, suspension or revocation of licensure, pursuant to the provisions of the act, Section 61-14A-17 NMSA 1978; and subject to the Uniform Licensing Act, Section 61-1-1 NMSA 1978, and subject to the Criminal Offender Employment Act, Section 28-2-1 NMSA 1978; and
(2) an applicant who provides the board with false information or makes a false statement to the board may be subject to disciplinary action, including denial, suspension or revocation of licensure, pursuant to the provisions of the act, Section 61-14A-17 NMSA 1978, and the Uniform Licensing Act, Section 61-1-1 NMSA 1978;
F. an affidavit as provided on the “annual license renewal form” stating that the applicant understands that:
(1) each licensed doctor of oriental medicine is responsible for the timely submission of the annual renewal application and fees;
(2) the applicant is responsible for reading, understanding and complying with the state of New Mexico laws and rules regarding this application as well as the practice of acupuncture and oriental medicine;
(3) the license must be renewed annually by July 31; and
(4) the applicant must notify the board within ten days if the applicant’s address changes;
G. if the applicant renews using the board’s online application process, the applicant shall check all appropriate affidavit check boxes in the online application and the applicant’s agreement to pay by credit card shall be equivalent to the applicant’s witnessed signature and notary’s stamp and signature normally required by the above affidavits;
H. an accurate translation in English of all documents submitted in a foreign language; each translated document shall bear the affidavit of the translator certifying that he is competent in both the language of the document and the English language and that the translation is a true and faithful translation of the foreign language original; each translated document shall also bear the affidavit of the applicant certifying that the translation is a true and faithful translation of the original; each affidavit shall be signed before a notary public; the translation of any document relevant to an application shall be at the expense of the applicant; and
I. satisfactory proof as determined by the board of completion of any continuing education requirements established by the board in 16.2.9.8 NMAC; doctors of oriental medicine certified for the expanded practice shall submit satisfactory proof, as determined by the board, of completion of any expanded practice continuing education requirements established by the board in 16.2.9.9 NMAC
J. proof of current basic life support, BLS, and CPR with proof of having completed an American heart association, American red cross, or American safety and health institute approved course; hands-on supervised practice of clinical skills is required; the didactic portion may be completed on-line; a current copy of this card shall be submitted to the board at the time of each annual license renewal.
[16.2.8.10 NMAC - Rp, 16.2.8.10 NMAC, 2/11/2022; A, 10/22/2024]
16.2.8.11 LATE
LICENSE RENEWAL:
A. For a licensee
whose late application to renew his or her license is received at the board
office during the 60-day grace period provided by Section 61-14A-15 NMSA 1978,
the license shall be renewed if the applicant for late license renewal
completes the requirements of 16.2.8.10 NMAC and pays the fee for late license
renewal specified in 16.2.10 NMAC.
B. If proof of
NCCAOM recertification or equivalent continuing education as defined in
16.2.9.8 NMAC is received at the board office during the 60-day grace period,
the renewal shall be considered a late license renewal, and the applicant must
pay the fee for late license renewal prior to license renewal.
C. For doctors of
oriental medicine certified for expanded practice, if proof of expanded
practice continuing education as defined in 16.2.9.9 NMAC is received at the
board office during the 60-day grace period, the renewal shall be considered a
late license renewal, and the applicant must pay the fee for late license
renewal prior to license renewal.
[16.2.8.11 NMAC -
Rp, 16.2.8.11 NMAC, 2/11/2022]
16.2.8.12 EXPIRED LICENSE: At the end of the 60-day grace period
provided by Section 61-14A-15 NMSA 1978, a licensee that has not renewed his
license, nor completed all continuing education requirements specified in
16.2.9.8 NMAC, the license is expired, and the doctor of oriental medicine
shall not practice oriental medicine until his expired license is renewed. For an expired license, if a properly
completed application for license renewal is received at the board office
within one year of the last regular renewal date, the license shall be renewed,
provided all the requirements of late license renewal are completed in addition
to the requirements of 16.2.8.11 NMAC and the licensee also pays the fee for
expired license renewal specified in 16.2.10 NMAC. The licensee shall notify the board of his
correct and current mailing address and of any address changes within ten days
of the change. Any doctor of oriental
medicine who fails to renew his expired license by the next July 31 annual
license renewal date after the notification shall be required to apply as a new
applicant.
[16.2.8.12 NMAC - Rp, 16.2.8.12 NMAC, 2/11/2022]
16.2.8.13 [RESERVED]
History of 16.2.8 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,
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 91-8
Regulations Governing Acupuncture Practitioners, Tutors and Institutes -
Licensing, filed 2/18/1991;
Rule 8, Regulations
Governing Acupuncture Practitioners, Tutors and Institutes - Licensing, filed 8/28/1992.
History of Repealed Material: 16
NMAC 2.8.11 deleted effective 7/15/2001.
16.21.8 NMAC,
License Renewal (filed 1/11/2005) repealed 2/11/2022.
Other History:
Rule 8, Regulations
Governing Acupuncture Practitioners, Tutors and Institutes - Licensing (filed 8/28/1992)
was renumbered, reformatted and replaced by 16 NMAC 2.8, License Renewal,
effective 7/1/1996.
16 NMAC 2.8, License
Renewal (filed 6/14/1996) was renumbered, reformatted, amended and replaced by
16.2.8 NMAC, License Renewal, effective 7/15/2001.
16.2.8 NMAC, License
Renewal (filed 1/11/2005) was Replaced by 16.2.8 NMAC, License Renewal,
effective 2/11/2022.