TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER 2 ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS
PART 3 APPLICATION FOR LICENSURE
16.2.3.1 ISSUING AGENCY: New Mexico Board of Acupuncture and Oriental
Medicine
[7-1-96; 16.2.3.1 NMAC - Rn, 16 NMAC 2.3.1, 5-20-00]
16.2.3.2 SCOPE:
All applicants for licensure as doctors of oriental medicine.
[7-1-96; 16.2.3.2 NMAC - Rn, 16 NMAC 2.3.2, 5-20-00]
16.2.3.3 STATUTORY AUTHORITY: This part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-4, 6, 8, 9 and 10, NMSA 1978.
[7-1-96; 8-31-98; 16.2.3.3 NMAC - Rn, 16 NMAC 2.3.3, 5-20-00]
16.2.3.4 DURATION: Permanent.
[7-1-96;
16.2.3.4 NMAC - Rn, 16 NMAC 2.3.4, 5-20-00]
16.2.3.5 EFFECTIVE DATE: July 1, 1996, unless a later date is cited at the end of a section.
[7-1-96;
4-1-97; 16.2.3.5 NMAC - Rn, 16 NMAC 2.3.5, 5-20-00]
16.2.3.6 OBJECTIVE: This part lists the requirements that an applicant must fulfill in order to apply for licensure as a doctor of oriental medicine.
[7-1-96;
16.2.3.6 NMAC - Rn & A, 16 NMAC 2.3.6, 5-20-00; A, 7-27-01]
16.2.3.7 DEFINITIONS:
Refer to definitions in 16.2.1.7 NMAC (Section 7 of Part 1 of the
rules).
[7-1-96;
16.2.3.7 NMAC - Rn, 16 NMAC 2.3.7, 5-20-00; A, 02-15-05]
16.2.3.8 GENERAL REQUIREMENTS:
A. Any applicant
who has been subject to any action or proceeding comprehended by Subsection A
of 16.2.3.8 NMAC (Part 3 of the Rules) may be subject to disciplinary action,
including denial, suspension or revocation of licensure, pursuant to the provisions of NMSA 1978, Section 61-14A-17; and
subject to the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq., and subject to the Criminal
Offender Employment Act, NMSA 1978, Section 28-2-1, et seq.
B. Any 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
Section 61-14A-17 NMSA 1978, and to the Uniform Licensing Act, NMSA 1978,
Section 61-1-1, et seq.
[7-1-96,
8-31-98; 16.2.3.8 NMAC - Rn, 16 NMAC 2.3.8, 5-20-00; A, 7-27-01; A, 3-2-03]
16.2.3.9 EDUCATIONAL PROGRAM REQUIREMENTS: Every applicant shall provide satisfactory proof that he completed a board approved educational program as defined in 61-14A-14 of the act and 16.2.7 NMAC. If the educational program is no longer in existence, or if the applicant’s records are not available for good cause, the applicant shall submit an affidavit so stating and shall identify the educational program, and shall provide the address, dates of enrollment, and curriculum completed, along with such other information and documents as the board shall deem necessary. The board, in its sole and sound discretion, may accept or reject as adequate and sufficient such evidence presented in lieu of the records otherwise required.
[11-3-81…7-1-96;
8-31-98; 5-15-99; 16.2.3.9 NMAC - Rn, 16 NMAC 2.3.9, 5-20-00; A, 7-27-01; A, 02-15-05; A, 11-28-09]
16.2.3.10 INITIAL LICENSURE APPLICATION: Upon approval of an application for licensure that fulfills the requirements listed below, the board shall issue a license that will be valid until July 31 following the initial licensure, except that licenses initially issued after May 1 will not expire until July 31 of the next renewal period as defined in 16.2.8.9 NMAC; the application requirements for a license shall be receipt of the following by the board:
A. the fee for
application for licensure specified in 16.2.10 NMAC;
B. an application for licensure that is complete and in English on a form provided by the board that shall include the applicant’s name, address, date of birth and social security number, if available;
C. two (2)
passport-type photographs of the applicant taken not more than six (6) months
prior to the submission of the application;
D. an affidavit as provided on the “initial licensure application” as to whether the applicant:
(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) has
been convicted of a felony in any jurisdiction,
including any finding of guilt by a court or jury, or any plea of guilty, or
any plea of nolo contendere or no contest, or plea or disposition of
conditional discharge, and including any such proceeding in which a sentence
was imposed, suspended or deferred;
(4) is
in arrears on a court-ordered child support payment; or
(5) has
violated any provision of the act or the rules;
E. an official
license history, which is a certificate from each jurisdiction
stating the disciplinary record of the applicant, from each jurisdiction where
the applicant has been 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;
F. an affidavit as
provided on the “initial licensure application” stating that the applicant
understands that:
(1) an applicant who has been subject to any action or proceeding comprehended by Subsection D of 16.2.3.10 NMAC may be subject to disciplinary action at any time, including denial, suspension or revocation of licensure, pursuant to the provisions of the act, NMSA 1978, Section 61-14A-17; and subject to the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq., and subject to the Criminal Offender Employment Act, NMSA 1978, Section 28-2-1, et seq.; 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, NMSA 1978, Section 61-14A-17, and the Uniform Licensing Act, NMSA
1978, Section 61-1-1, et seq.;
G. an affidavit as
provided on the “initial licensure application” stating that the applicant
understands that:
(1) 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;
(2) the license must be renewed annually by July 31; and
(3) the
applicant must notify the board within ten (10) days if the applicant’s address
changes;
H. a copy of the applicant’s
certificate or diploma from an educational program evidencing completion of the
required program; this copy shall include on it an affidavit
certifying that it is a true copy of the original;
I. an official copy of the applicant’s transcript that shall be sent directly to the board in a sealed envelope by the educational program from which the applicant received the certificate or diploma, and that shall verify the applicant’s satisfactory completion of the required academic and clinical education and that shall designate the completed subjects and the hours of study completed in each subject; or this copy of the transcript shall remain in the closed envelope secured with the official seal of the educational program and shall be sent by the applicant to the board along with the applicant’s application for licensure; and
J. 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 or she 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.
[11-3-81…7-1-96; 8-31-98; 5-15-99, 12-1-99; 16.2.3.13 NMAC - Rn & A, 16 NMAC 2.3.13, 5-20-00; 16.2.3.10 NMAC - Rn, 16.2.3.13 NMAC, 7-27-01; A, 7-27-01; A, 3-2-03; A, 02-15-05; A, 11-28-09; A, 02-08-13; A, 6-16-15]
16.2.3.11 EXAMINATION REQUIREMENTS:
The examination requirements specified in 16.2.4 NMAC shall be received
at the board office within twelve (12) months of the receipt of the initial
application at the board office, with the exception of
the national certification commission for acupuncture and oriental medicine
(NCCAOM) score requirements which need to be submitted to the board office
within twenty four (24) months of the initial application.
[11-3-81…7-1-96; 8-31-98; 5-15-99, 12-1-99; 16.2.3.13 NMAC - Rn & A, 16 NMAC 2.3.13, 5-20-00; 16.2.3.11 NMAC - Rn, 16.2.3.13 NMAC, 7-27-01; A, 7-27-01; A, 02-15-05; A, 11-28-09; A, 02-08-13]
16.2.3.12 DOCUMENTS IN A FOREIGN LANGUAGE: All documents submitted in a foreign language must be accompanied by an accurate translation in English. Each translated document shall bear the affidavit of the translator certifying that he or she 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 applicant’s application shall be at the expense of the applicant.
[11-3-81…7-1-96;
16.2.3.14 NMAC - Rn, 16 NMAC 2.3.14, 5-20-00; 16.2.3.12
NMAC - Rn, 16.2.3.14 NMAC, 7-27-01; A, 02-15-05]
16.2.3.13 SUFFICIENCY OF DOCUMENT:
The board shall determine the sufficiency of the documentation that
supports the application for licensure.
The board may, at its discretion, request
further proof of qualifications or require a personal interview with any
applicant to establish his or her qualifications. If requested by the board, all further
proof of qualifications shall be received at the board office at least forty five (45) days before the clinical skills examination date. Any required
personal interview will be scheduled as determined by the board.
[11-3-81…7-1-96;
2-17-00; 16.2.3.15 NMAC - Rn & A, 16 NMAC 2.3.15, 5-20-00; 16.2.3.13 NMAC -
Rn, 16.2.3.15 NMAC, 7-27-01; A, 7-27-01; A, 3-2-03; A, 11-28-09]
16.2.3.14 DEADLINE FOR COMPLETING ALL REQUIREMENTS FOR LICENSURE: Documentation required for licensure shall be received at the board office no later than twelve (12) months after the initial application is received at the board office, with the exception of the national certification commission for acupuncture and oriental medicine (NCCAOM) score requirements which need to be submitted to the board office within twenty four (24) months of the initial application.
[11-3-81…7-1-96; 4-1-97, 5-15-99; 16.2.3.16 NMAC - Rn & A, 16 NMAC 2.3.16, 5-20-00; 16.2.3.14 NMAC - Rn, 16.2.3.16 NMAC, 7-27-01; A, 7-27-01; A, 11-28-09; A, 02-08-13]
16.2.3.15 NOTIFICATION OF LICENSURE: The applicant shall be
notified of approval or denial of his completed application requirements including examination requirements
by mail postmarked no more than twenty one (21) days from the board’s receipt
of all required documentation. The board shall issue a
license to all applicants who have met the requirements of 16.2.3 NMAC and
16.2.4 NMAC.
[11-3-81…7-1-96;
4-1-97, 5-15-99; 16.2.3.17 NMAC - Rn & A, 16 NMAC 2.3.17, 5-20-00;
16.2.3.15 NMAC - Rn, 16.2.3.17 NMAC, 7-27-01; A,
7-27-01; A, 11-28-09]
16.2.3.16 EXPIRATION AND ABANDONMENT OF
APPLICATION: If all application requirements have not been
met within twenty four (24) months of the initial application, the application
will expire and will be deemed abandoned.
Exceptions may be made, at the board’s discretion, for good cause. If the application is abandoned and the
applicant wants to reapply for licensure, the applicant shall be required to
submit the completed current application form, pay the current application fee
and satisfy the requirements for licensure then in effect at the time of the new
application.
[11-3-81…7-1-96; 2-17-00; 16.2.3.18 NMAC - Rn & A, 16 NMAC 2.3.18, 5-20-00; 16.2.3.16 NMAC - Rn, 16.2.3.18 NMAC, 7-27-01; A, 7-27-01; A, 02-15-05; A, 11-28-09; A, 6-16-15]
History
of 16.2.3 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 10-5-81;
AB 82-1, Regulations Governing Acupuncture Practitioners, filed 6-16-82;
AB 84-1,
Regulations Governing Acupuncture Practitioners, Tutors and Institutes, filed
3-13-84;
BCD 87-1,
Emergency Regulations Governing Acupuncture Practitioners, Tutors and
Institutes, filed 10-30-87;
ACU 88-1 Regulations Governing Acupuncture Practitioners, Tutors and Institutes, filed 3-13-89;
ACU Rule
91-5, Regulations Governing Acupuncture Practitioners, Tutors, and Institutes
Applications, filed 2-18-91;
Rule 5, Regulations Governing Acupuncture Practitioners, Tutors, and Institutes, Application for Licensing, filed 1-26-93.
History
of Repealed Material: 16.2.3.10 NMAC, 16.2.3.11 NMAC,
and 16.2.3.12 NMAC (all filed 4-20-2000) repealed effective 7-27-01.
Other
History:
Rule 5, Regulations Governing Acupuncture Practitioners, Tutors, and Institutes, Application for Licensing (filed 1-26-93) renumbered, reformatted and replaced by 16 NMAC 2.3, Application for Licensure, effective 07-01-96.
16 NMAC 2.3, Application for Licensure (filed 6-14-96) renumbered, reformatted, amended and replaced as 16.2.3 NMAC effective 5-20-00.