54,212 sections across 3,422 New Mexico regulatory chapters.
R.16.2.12-16.2.12.24 SOLICITATION
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Pursuant to the Act, Paragraph (14) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, temporary licensee, extern, educational program or applicant for approval of an educational program shall be guilty of attempting to attract patronage in an unethica…
R.16.2.12-16.2.12.25 FEE SPLITTING
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Pursuant to the Act, Paragraph (14) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, temporary licensee, extern, educational program or applicant for approval of an educational program shall be guilty of attempting to attract patronage in an unethica…
R.16.2.12-16.2.12.26 FINANCIAL EXPLOITATION
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Pursuant to the Act, Paragraph (5) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, temporary licensee, extern, educational program or applicant for approval of an educational program shall be guilty of unprofessional conduct who exercises undue infl…
R.16.2.12-16.2.12.27 SEXUAL ABUSE, EXPLOITATION AND MISCONDUCT
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Pursuant to the Act, Paragraph (5) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, an applicant, a temporary licensee, an applicant for temporary licensure or an extern shall be guilty of unprofessional conduct who commits an act of sexual abuse, ex…
R.16.2.12-16.2.12.28 CONVICTION OF CRIME
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Pursuant to the Act, Paragraph (3) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, applicant, temporary licensee, applicant for temporary licensure or extern shall be guilty of incompetence if convicted of any misdemeanor or felony relating to the p…
R.16.2.12-16.2.12.29 PERMITTING INSERTION OR REMOVAL OF ACUPUNCTURE NEEDLES
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Pursuant to the Act, Paragraph (5) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, applicant, temporary licensee, applicant for temporary licensure or extern shall be guilty of unprofessional conduct who permits, directs or supervises the insertion …
R.16.2.12-16.2.12.3 STATUTORY AUTHORITY
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This Part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-8, 9 and 17 NMSA 1978.
R.16.2.12-16.2.12.30 PERMITTING THE PRESCRIPTION OF SUBSTANCES AND PROCEDURES
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Pursuant to the Act, Paragraph (5) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, applicant, temporary licensee, applicant for temporary licensure or extern shall be guilty of unprofessional conduct who permits, directs or supervises the prescripti…
R.16.2.12-16.2.12.31 FAILURE TO OBTAIN INFORMED CONSENT
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Pursuant to Paragraph (5) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, temporary licensee, extern, educational program or applicant for approval of an educational program shall be guilty of unprofessional conduct who fails to obtain, from the pat…
R.16.2.12-16.2.12.32 INCOMPETENCE AND UNPROFESSIONAL CONDUCT
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The specifications of incompetence and unprofessional conduct defined in the act and 16.2.12 NMAC shall not be exclusive of the types of acts and omissions which may be found by the board to constitute incompetence or unprofessional conduct.
R.16.2.12-16.2.12.33 ACUPUNCTURE ON ANIMALS
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A person who is not licensed under the Veterinary Practice Act, including a licensed doctor of oriental medicine, is prohibited from practicing veterinary medicine, including acupuncture on an animal, as defined by the Veterinary Practice Act, except under direct supervision of a…
R.16.2.12-16.2.12.34 DISCIPLINARY ACTION AND FINES
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A licensee, temporary licensee, applicant, applicant for temporary licensure, extern, extern supervisor or educational program is subject to disciplinary proceedings, including fines, in accordance with the uniform Licensing Act, Sections 61-1-1 NMSA 1978 through 61-1-35, as amen…
R.16.2.12-16.2.12.35 EXPANDED PRESCRIPTIVE AUTHORITY INCOMPETENCE
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Pursuant to the Act, Paragraph (3) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine certified for the expanded prescriptive authority shall be guilty of incompetence if he, when diagnosing and treating a patient, does not possess and apply the knowled…
R.16.2.12-16.2.12.36 INCOMPETENCE
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Pursuant to the Act, Paragraph (3) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine or a doctor of oriental medicine certified in expanded practice who injudiciously prescribes, administers, or dispenses a drug as defined in the New Mexico Drug, Devic…
R.16.2.12-16.2.12.4 DURATION
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Permanent.
R.16.2.12-16.2.12.5 EFFECTIVE DATE
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February 11, 2022, unless a later date is cited at the end of a section or paragraph.
R.16.2.12-16.2.12.6 OBJECTIVE
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This part clarifies the grounds for which the board may deny, suspend or revoke a license to practice acupuncture and oriental medicine or otherwise discipline a licensee, applicant, temporary licensee, applicant for temporary licensure, extern, extern supervisor or educational p…
R.16.2.12-16.2.12.7 DEFINITIONS
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Refer to definitions in 16.2.1.7 NMAC.
R.16.2.12-16.2.12.8 AUTHORITY AND PROCEDURE
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The board may refuse to issue, or may suspend, or revoke any license, in accordance with the Uniform Licensing Act, 61-1-1 to 61-1-31 NMSA 1978, for reasons authorized in the Act and clarified in 16.2.12 NMAC.
R.16.2.12-16.2.12.9 FAILURE TO USE PRE-STERILIZED SINGLE USE NEEDLES
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Pursuant to the Act, Paragraph (3) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, a temporary licensee or an extern shall be guilty of incompetence who fails to use pre-sterilized single use needles.
R.16.2.13-16.2.13.1 ISSUING AGENCY
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New Mexico Board of Acupuncture and Oriental Medicine.
R.16.2.13-16.2.13.10 REVIEW BY THE COMPLAINT COMMITTEE
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A. The complaint committee chairperson and complaint manager will comprise the complaint committee, and will review all written, signed complaints filed against a respondent. The complaint committee shall provide the respondent with a copy of the complaint within thirty (30) days…
R.16.2.13-16.2.13.11 REVIEW BY THE BOARD
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A. The complaint committee shall present its report and recommendation(s) to the board. The matter shall be referred to only by the assigned case number, and the identities of the parties shall not be disclosed to the board until and unless an NCA is issued. The complaint committ…
R.16.2.13-16.2.13.12 DISCIPLINARY PROCEEDINGS
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A. The chairperson of the board, or his or her designee, shall serve as chief officer for the disciplinary proceedings for the purpose of administering pre-hearing procedural matters. The chief officer shall be fully authorized to rule on non-dispositive matters on behalf of the …
R.16.2.13-16.2.13.2 SCOPE
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All licensees, applicants, temporary licensees, applicants for temporary licensure, externs, educational programs and applicants for approval of educational programs.
R.16.2.13-16.2.13.3 STATUTORY AUTHORITY
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This Part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-8, 9 and 17, NMSA 1978.
R.16.2.13-16.2.13.4 DURATION
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Permanent.
R.16.2.13-16.2.13.5 EFFECTIVE DATE
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July 1, 1996, unless a later date is cited at the end of a section.
R.16.2.13-16.2.13.6 OBJECTIVE
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This Part defines the creation of the complaint committee, the complaint committee chairperson and the complaint manager, and describes the procedures for the filing of a complaint, the receipt of a complaint at the board's office, the review of the complaint by the complaint com…
R.16.2.13-16.2.13.7 DEFINITIONS
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Refer to definitions in 16.2.1.7 NMAC (Section 7 of Part 1 of the rules).
R.16.2.13-16.2.13.8 INITIATING A COMPLAINT
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A. A complaint may be initiated by any person by a telephone call, a written complaint, or an in person complaint presented to any board member or the board's administrator. The board's administrator or complainant shall prepare a complaint form. This form shall be available at t…
R.16.2.13-16.2.13.9 PROCEDURES FOR PROCESSING A COMPLAINT
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A. The board's administrator, or any member of the board who may be appointed by the board's chairperson, will act as the complaint manager for the procedures outlined below. B. Upon receipt of a written signed complaint, or upon the board's action initiated by a majority vote of…
R.16.2.14-16.2.14.1 ISSUING AGENCY
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New Mexico Board of Acupuncture and Oriental Medicine.
R.16.2.14-16.2.14.10 EXTERN CERTIFICATION APPLICATION
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Upon submission of complete application for extern certification that fulfills the requirements listed below, the board shall issue an extern certification. In no event shall the applicant begin the practice of acupuncture and oriental medicine until the extern certification is i…
R.16.2.14-16.2.14.11 REQUIREMENTS AND RESPONSIBILITIES OF EXTERNSHIP SUPERVISORS
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A. The externship supervisor shall: (1) provide a clinical environment where the extern is able to further his or her knowledge and apply acupuncture and oriental medicine theory and techniques; and (2) directly supervise the extern on the premises of the treating facility at all…
R.16.2.14-16.2.14.12 ISSUANCE OF EXTERNSHIP SUPERVISOR REGISTRATION
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Upon submission of a complete application for externship supervisor registration that fulfills the requirements listed below, the board shall issue an externship supervisor registration. In no event shall the externship supervisor begin supervising an extern until the externship …
R.16.2.14-16.2.14.13 CHANGE OF EXTERNSHIP SUPERVISOR
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If the externship relationship terminates before the expiration of the extern certification, the extern may reapply to be supervised by another externship supervisor by filing the appropriate forms required by the board. The extern certification time limit of 12 months shall rema…
R.16.2.14-16.2.14.14 SCOPE OF PRACTICE OF AN EXTERN
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The scope of practice of an Extern shall be limited to the practice of acupuncture and oriental medicine as defined in the Act and 16.2.2 NMAC, except that the Extern shall not prescribe or administer any herbal, nutritional, homeopathic or any other medicines or substances. When…
R.16.2.14-16.2.14.15 COMPENSATION
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Any compensation contract is solely between the Externship Supervisor and the Extern and is not the province of the Board.
R.16.2.14-16.2.14.16 EXTERN LIMITATIONS
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In no event shall an extern practice under extern certification(s) for more than a total of 12 months or after failing the board's clinical skills examination more than once. The extern certification is not renewable. Exceptions for good cause shall not apply to the extern certif…
R.16.2.14-16.2.14.17 EXPIRATION OF AN EXTERN CERTIFICATION
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An Extern certification shall expire automatically 12 months after the date of issuance unless the certificate expires sooner for any of the following reasons: A. Upon licensure; B. If the Extern fails the Board's Clinical Skills Examination more than once; or C. If the Extern is…
R.16.2.14-16.2.14.18 GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF LICENSE, CERTIFICATION OR REGISTRATION
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The Board may refuse to issue, or may suspend, or revoke any license, Extern certification or Externship Supervisor registration in accordance with the Uniform Licensing Act, 61-1-1 to 61-1-31 NMSA 1978, for reasons authorized in section 61-14A-17 NMSA 1978 of the Act and clarifi…
R.16.2.14-16.2.14.19 EXTERN SUPERVISOR CONFLICT OF INTEREST
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The externship supervisor shall not be a member of the extern's family or a member of the extern's household. "Member of the extern's family" means a spouse, child, stepchild, grandchild, parent, grandparent, sibling, uncle, aunt, niece, or nephew, or other relative by blood, mar…
R.16.2.14-16.2.14.2 SCOPE
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All licensed Doctors of Oriental Medicine, Applicants, Externship Supervisor applicants, Externship Supervisors, Extern applicants, and Externs.
R.16.2.14-16.2.14.3 STATUTORY AUTHORITY
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This Part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-8, 61-14A-9 and 61-14A-14.1 NMSA 1978.
R.16.2.14-16.2.14.4 DURATION
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Permanent.
R.16.2.14-16.2.14.5 EFFECTIVE DATE
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February 11, 2022 unless a later date is cited at the end of a section.
R.16.2.14-16.2.14.6 OBJECTIVE
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The purpose of an externship is to provide recent graduates the opportunity to practice under supervision while preparing for licensure. This part establishes the requirements regarding the education and certification for an extern, scope of practice of an extern, the requirement…
R.16.2.14-16.2.14.7 DEFINITIONS
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Refer to definitions in 16.2.1.7 NMAC.
R.16.2.14-16.2.14.8 GENERAL REQUIREMENTS FOR EXTERNS
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A. An extern applicant who has been subject to any action or proceeding described in Subsection C of 16.2.14.10 NMAC or who has violated the Act or the rules, may be subject to disciplinary action, including denial, suspension or revocation of licensure, pursuant to the provision…