0001| AN ACT | 0002| RELATING TO LICENSURE; CLARIFYING THE PRACTICE OF ORIENTAL MEDICINE; | 0003| GIVING DOCTORS OF ORIENTAL MEDICINE PRESCRIPTIVE AUTHORITY; | 0004| DESIGNATING DOCTORS OF ORIENTAL MEDICINE AS PRIMARY CARE PROVIDERS; | 0005| EXPANDING THE AUTHORITY TO DENY, SUSPEND OR REVOKE A LICENSE; | 0006| REQUIRING LICENSEES TO PAY COSTS OF DISCIPLINARY PROCEEDINGS UNDER | 0007| CERTAIN CIRCUMSTANCES. | 0008| | 0009| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0010| Section 1. Section 26-1-2 NMSA 1978 (being Laws 1967, Chapter | 0011| 23, Section 2, as amended) is amended to read: | 0012| "26-1-2. DEFINITIONS.--As used in the New Mexico Drug, Device | 0013| and Cosmetic Act: | 0014| A. "board" means the board of pharmacy or its duly | 0015| authorized agent; | 0016| B. "person" includes individual, partnership, corporation, | 0017| association, institution or establishment; | 0018| C. "biological product" means any virus, therapeutic serum, | 0019| toxin, antitoxin or analogous product applicable to the prevention, | 0020| treatment or cure of diseases or injuries of man and domestic animals | 0021| and, as used within the meaning of this definition: | 0022| (1) a "virus" is interpreted to be a product | 0023| containing the minute living cause of an infectious disease and | 0024| includes filterable viruses, bacteria, rickettsia, fungi and protozoa; | 0025| (2) a "therapeutic serum" is a product obtained from | 0001| blood by removing the clot or clot components and the blood cells; | 0002| (3) a "toxin" is a product containing a soluble | 0003| substance poisonous to laboratory animals or man in doses of one | 0004| milliliter or less of the product and having the property, following | 0005| the injection of nonfatal doses into an animal, or causing to be | 0006| produced therein another soluble substance that specifically | 0007| neutralizes the poisonous substance and that is demonstrable in the | 0008| serum of the animal thus immunized; and | 0009| (4) an "antitoxin" is a product containing the | 0010| soluble substance in serum or other body fluid of an immunized animal | 0011| that specifically neutralizes the toxin against which the animal is | 0012| immune; | 0013| D. "controlled substance" means any drug, substance or | 0014| immediate precursor enumerated in Schedules I through V of the | 0015| Controlled Substances Act; | 0016| E. "drug" means: | 0017| (1) articles recognized in an official compendium; | 0018| (2) articles intended for use in the diagnosis, cure, | 0019| mitigation, treatment or prevention of disease in man or other animals | 0020| and includes the domestic animal biological products regulated under | 0021| the federal Virus-Serum-Toxin Act, 37 Stat 832-833, 21 U.S.C. 151-158 | 0022| and the biological products applicable to man regulated under Federal | 0023| 58 Stat 690, as amended, 42 U.S.C. 216, Section 351, and 58 Stat 702, | 0024| as amended, 42 U.S.C. 262; | 0025| (3) articles other than food that affect the | 0001| structure or any function of the body of man or other animals; and | 0002| (4) articles intended for use as a component of | 0003| Paragraph (1), (2) or (3) of this subsection, but does not include | 0004| devices or their component parts or accessories; | 0005| F. "dangerous drug" means a drug, other than a controlled | 0006| substance enumerated in Schedule I of the Controlled Substances Act, | 0007| that because of any potentiality for harmful effect or the method of | 0008| its use or the collateral measures necessary to its use is not safe | 0009| except under the supervision of a practitioner licensed by law to | 0010| direct the use of such drug and hence for which adequate directions | 0011| for use cannot be prepared. "Adequate directions for use" means | 0012| directions under which the layman can use a drug or device safely and | 0013| for the purposes for which it is intended. A drug shall be dispensed | 0014| only upon the prescription of a practitioner licensed by law to | 0015| administer or prescribe such drug if it: | 0016| (1) is a habit-forming drug and contains any quantity | 0017| of a narcotic or hypnotic substance, or any chemical derivative of | 0018| such substance, that has been found under the federal act and the | 0019| board to be habit-forming; | 0020| (2) because of its toxicity or other potentiality for | 0021| harmful effect or the method of its use or the collateral measures | 0022| necessary to its use is not safe for use except under the supervision | 0023| of a practitioner licensed by law to administer or prescribe such | 0024| drug; | 0025| (3) is limited by an approved application by Section | 0001| 505 of the federal act to the use under the professional supervision | 0002| of a practitioner licensed by law to administer or prescribe such | 0003| drug; | 0004| (4) bears the legend: "Caution: federal law | 0005| prohibits dispensing without prescription."; or | 0006| (5) bears the legend: "Caution: federal law | 0007| restricts this drug to use by or on the order of a licensed | 0008| veterinarian."; | 0009| G. "counterfeit drug" means a drug other than a controlled | 0010| substance that, or the container or labeling of which, without | 0011| authorization, bears the trademark, trade name or other identifying | 0012| mark, imprint or device, or any likeness, of a drug manufacturer, | 0013| processor, packer or distributor other than the person who in fact | 0014| manufactured, processed, packed or distributed such drug and that | 0015| falsely purports or is represented to be the product of or to have | 0016| been packed or distributed by such other drug manufacturer, processor, | 0017| packer or distributor; | 0018| H. "device", except when used in Subsection P of this | 0019| section and in Subsection G of Section 26-1-3, Subsection L and | 0020| Paragraph (4) of Subsection A of Section 26-1-11 and Subsection C of | 0021| Section 26-1-24 NMSA 1978, means an instrument, apparatus, implement, | 0022| machine, contrivance, implant, in vitro reagent or other similar or | 0023| related article, including any component, part or accessory, that is: | 0024| (1) recognized in an official compendium; | 0025| (2) intended for use in the diagnosis of disease or | 0001| other conditions, or in the cure, mitigation, treatment or prevention | 0002| of disease, in man or other animals; or | 0003| (3) intended to affect the structure or any function | 0004| of the body of man or other animals and that does not achieve any of | 0005| its principal intended purposes through chemical action within or on | 0006| the body of man or other animals and which is not dependent upon being | 0007| metabolized for achievement of any of its principal intended purposes; | 0008| I. "prescription" means an order given individually for the | 0009| person for whom prescribed, either directly from the prescriber to the | 0010| pharmacist or indirectly by means of a written order signed by the | 0011| prescriber, and bearing the name and address of the prescriber, his | 0012| license classification, the name and address of the patient, the name | 0013| and quantity of the drug prescribed, directions for use and the date | 0014| of issue. No person other than a practitioner shall prescribe or | 0015| write a prescription; | 0016| J. "practitioner" means a physician, doctor of oriental | 0017| medicine, dentist, veterinarian or other person licensed to prescribe | 0018| and administer drugs that are subject to the New Mexico Drug, Device | 0019| and Cosmetic Act; | 0020| K. "cosmetic" means: | 0021| (1) articles intended to be rubbed, poured, sprinkled | 0022| or sprayed on, introduced into or otherwise applied to the human body | 0023| or any part thereof for cleansing, beautifying, promoting | 0024| attractiveness or altering the appearance; and | 0025| (2) articles intended for use as a component of any | 0001| articles enumerated in Paragraph (1) of this subsection, except that | 0002| the term shall not include soap; | 0003| L. "official compendium" means the official United States | 0004| pharmacopoeia national formulary or the official homeopathic | 0005| pharmacopoeia of the United States or any supplement to either of | 0006| them; | 0007| M. "label" means a display of written, printed or graphic | 0008| matter upon the immediate container of any article. A requirement | 0009| made by or under the authority of the New Mexico Drug, Device and | 0010| Cosmetic Act that any word, statement or other information appear on | 0011| the label shall not be considered to be complied with unless the word, | 0012| statement or other information also appears on the outside container | 0013| or wrapper, if any, of the retail package of the article or is easily | 0014| legible through the outside container or wrapper; | 0015| N. "immediate container" does not include package liners; | 0016| O. "labeling" means all labels and other written, printed | 0017| or graphic matter: | 0018| (1) upon any article or any of its containers or | 0019| wrappers; or | 0020| (2) accompanying any article; | 0021| P. "misbranded" means a label to an article that is | 0022| misleading. In determining whether the label is misleading, there | 0023| shall be taken into account, among other things, not only | 0024| representations made or suggested by statement, word, design, device | 0025| or any combination of the foregoing, but also the extent to which the | 0001| label fails to reveal facts material in the light of such | 0002| representations or material with respect to consequences that may | 0003| result from the use of the article to which the label relates under | 0004| the conditions of use prescribed in the label or under such conditions | 0005| of use as are customary or usual; | 0006| Q. "advertisement" means all representations disseminated | 0007| in any manner or by any means, other than by labeling, for the purpose | 0008| of inducing, or that are likely to induce, directly or indirectly, the | 0009| purchase of drugs, devices or cosmetics; | 0010| R. "antiseptic", when used in the labeling or advertisement | 0011| of an antiseptic, shall be considered to be a representation that it | 0012| is a germicide, except in the case of a drug purporting to be or | 0013| represented as an antiseptic for inhibitory use as a wet dressing, | 0014| ointment, dusting powder or such other use as involves prolonged | 0015| contact with the body; | 0016| S. "new drug" means: | 0017| (1) any drug, the composition of which is such that | 0018| the drug is not generally recognized, among experts qualified by | 0019| scientific training and experience to evaluate the safety and efficacy | 0020| of drugs, as safe and effective for use under the conditions | 0021| prescribed, recommended or suggested in the labeling thereof; or | 0022| (2) any drug, the composition of which is such that | 0023| the drug, as a result of investigation to determine its safety and | 0024| efficacy for use under such conditions, has become so recognized, but | 0025| that has not, otherwise than in such investigations, been used to a | 0001| material extent or for a material time under such conditions; | 0002| T. "contaminated with filth" applies to any drug, device or | 0003| cosmetic not securely protected from dirt, dust and, as far as may be | 0004| necessary by all reasonable means, from all foreign or injurious | 0005| contaminations, or any drug, device or cosmetic found to contain any | 0006| dirt, dust, foreign or injurious contamination or infestation; | 0007| U. "selling of drugs, devices or cosmetics" shall be | 0008| considered to include the manufacture, production, processing, | 0009| packing, exposure, offer, possession and holding of any such article | 0010| for sale and the sale and the supplying or applying of any such | 0011| article in the conduct of any drug or cosmetic establishment; | 0012| V. "color additive" means a material that: | 0013| (1) is a dye, pigment or other substance made by a | 0014| process of synthesis or similar artifice or extracted, isolated or | 0015| otherwise derived, with or without intermediate or final change of | 0016| identity, from a vegetable, mineral, animal or other source; or | 0017| (2) when added or applied to a drug or cosmetic or to | 0018| the human body or any part thereof, is capable, alone or through | 0019| reaction with other substances, of imparting color thereto; except | 0020| that such term does not include any material that has been or | 0021| hereafter is exempted under the federal act; | 0022| W. "federal act" means the Federal Food, Drug and Cosmetic | 0023| Act; | 0024| X. "restricted device" means a device for which the sale, | 0025| distribution or use is lawful only upon the written or oral | 0001| authorization of a practitioner licensed by law to administer, | 0002| prescribe or use the device and for which the federal food and drug | 0003| administration requires special training or skills of the practitioner | 0004| to use or prescribe. This definition does not include custom devices | 0005| defined in the federal act and exempt from performance standards or | 0006| premarket approval requirements under Section 520 (b) of the federal | 0007| act; and | 0008| Y. "prescription device" means a device that, because of | 0009| its potential for harm, the method of its use or the collateral | 0010| measures necessary to its use, is not safe except under the | 0011| supervision of a practitioner licensed in this state to direct the use | 0012| of such device and for which "adequate directions for use" cannot be | 0013| prepared, but that bears the label: "Caution: Federal law restricts | 0014| this device to sale by or on the order of a ", the blank | 0015| to be filled with the word "physician", "doctor of oriental medicine", | 0016| "dentist", "veterinarian" or with the descriptive designation of any | 0017| other practitioner licensed in this state to use or order the use of | 0018| the device." | 0019| Section 2. Section 61-14A-1 NMSA 1978 (being Laws 1993, Chapter | 0020| 158, Section 9) is amended to read: | 0021| "61-14A-1. SHORT TITLE.--Chapter 61, Article 14A NMSA 1978 may | 0022| be cited as the "Acupuncture and Oriental Medicine Practice Act"." | 0023| Section 3. Section 61-14A-3 NMSA 1978 (being Laws 1993, Chapter | 0024| 158, Section 11) is amended to read: | 0025| "61-14A-3. DEFINITIONS.--As used in the Acupuncture and Oriental | 0001| Medicine Practice Act: | 0002| A. "acupuncture" means the use of needles inserted into and | 0003| removed from the human body and the use of other devices, modalities | 0004| and procedures at specific locations on the body for the prevention, | 0005| cure or correction of any disease, illness, injury, pain or other | 0006| condition by controlling and regulating the flow and balance of energy | 0007| and functioning of the person to restore and maintain health; | 0008| B. "board" means the board of acupuncture and oriental | 0009| medicine; | 0010| C. "department" means the regulation and licensing | 0011| department; | 0012| D. "doctor of oriental medicine" means a person licensed as | 0013| a physician to practice acupuncture and oriental medicine with the | 0014| ability to practice independently, serve as a primary care provider | 0015| and as necessary collaborate with other health care providers; | 0016| E. "moxibustion" means the use of heat on or above specific | 0017| locations or on acupuncture needles at specific locations on the body | 0018| for the prevention, cure or correction of any disease, illness, | 0019| injury, pain or other condition; | 0020| F. "oriental medicine" means the distinct system of primary | 0021| health care that uses all allied techniques of oriental medicine, both | 0022| traditional and modern, to diagnose, treat and prescribe for the | 0023| prevention, cure or correction of any disease, illness, injury, pain | 0024| or other physical or mental condition by controlling and regulating | 0025| the flow and balance of energy and functioning of the person to | 0001| restore and maintain health; | 0002| G. "primary care provider" means a health care professional | 0003| acting within the scope of his license who provides the first level of | 0004| basic or general health care for an individual's health needs, | 0005| including diagnostic and treatment services; and | 0006| H. "techniques of oriental medicine" means: | 0007| (1) the diagnostic and treatment techniques used in | 0008| oriental medicine that include diagnostic procedures; acupuncture; | 0009| moxibustion; manual therapy, also known as tui na; other physical | 0010| medicine modalities and therapeutic procedures; breathing and exercise | 0011| techniques; and dietary, nutritional and lifestyle counseling; | 0012| (2) the prescription or administration of any herbal | 0013| medicine, homeopathic medicine, vitamins, minerals, enzymes, glandular | 0014| products, amino acids, dietary and nutritional supplements; | 0015| (3) the prescription or administration of devices, | 0016| restricted devices and prescription devices, as those devices are | 0017| defined in the New Mexico Drug, Device and Cosmetic Act, if the board | 0018| determines by rule that such devices are necessary in the practice of | 0019| oriental medicine and if the prescribing doctor of oriental medicine | 0020| has fulfilled requirements for prescriptive authority in accordance | 0021| with rules promulgated by the board for the devices enumerated in this | 0022| paragraph; | 0023| (4) the prescription or administration of cosmetics, | 0024| therapeutic serum and over-the-counter drugs, other than those | 0025| enumerated in Paragraph (2) of this subsection, as those are defined | 0001| in the New Mexico Drug, Device and Cosmetic Act, if the prescribing | 0002| doctor of oriental medicine has fulfilled the requirements for | 0003| prescriptive authority in accordance with rules promulgated by the | 0004| board for the substances enumerated in this paragraph; and | 0005| (5) the prescription or administration of the | 0006| following dangerous drugs as they are defined in the New Mexico Drug, | 0007| Device and Cosmetic Act, if the prescribing doctor of oriental | 0008| medicine has fulfilled the requirements for prescriptive authority in | 0009| accordance with rules promulgated by the board for the substances | 0010| enumerated in this paragraph: | 0011| (a) sterile water; | 0012| (b) sterile saline; | 0013| (c) sarapin or its generic; | 0014| (d) vapocoolants; | 0015| (e) topical application of naturally occurring | 0016| hormones; and | 0017| (f) any of the drugs or substances enumerated in | 0018| Paragraphs (2) and (4) of this subsection if at any time these | 0019| substances or drugs are classified as dangerous drugs." | 0020| Section 4. Section 61-14A-5 NMSA 1978 (being Laws 1993, Chapter | 0021| 158, Section 13) is amended to read: | 0022| "61-14A-5. TITLE.--Any person licensed pursuant to provisions of | 0023| the Acupuncture and Oriental Medicine Practice Act, in advertising his | 0024| services to the public, shall use the title "doctor of oriental | 0025| medicine" or "D.O.M.". The title "doctor of oriental medicine" or | 0001| "D.O.M." shall supersede the use of all other titles that include the | 0002| words "medical doctor" or the initials "M.D." unless the person is a | 0003| medical doctor licensed pursuant to provisions of the Medical Practice | 0004| Act." | 0005| Section 5. Section 61-14A-6 NMSA 1978 (being Laws 1993, Chapter | 0006| 158, Section 14) is amended to read: | 0007| "61-14A-6. EXEMPTIONS.-- | 0008| A. Nothing in the Acupuncture and Oriental Medicine | 0009| Practice Act is intended to limit, interfere with or prevent any other | 0010| class of licensed health care professionals from practicing within the | 0011| scope of their license as defined by each profession's New Mexico | 0012| licensing statutes, but they shall not hold themselves out to the | 0013| public or any private group or business by using any title or | 0014| description of services that includes the terms acupuncture, | 0015| acupuncturist or oriental medicine unless they are licensed under the | 0016| Acupuncture and Oriental Medicine Practice Act. | 0017| B. Students enrolled in an educational program in | 0018| acupuncture and oriental medicine approved by the board may practice | 0019| acupuncture and oriental medicine under the direct supervision of a | 0020| teacher at an institute or with a private tutor as part of the | 0021| educational program in which they are enrolled. | 0022| C. The Acupuncture and Oriental Medicine Practice Act shall | 0023| not apply to or affect the following practices if the individual does | 0024| not hold himself out as a doctor of oriental medicine or as practicing | 0025| acupuncture or oriental medicine: | 0001| (1) the administering of gratuitous services in cases | 0002| of emergency; | 0003| (2) the domestic administering of family remedies; | 0004| (3) the counseling about or the teaching and | 0005| demonstration of breathing and exercise techniques; | 0006| (4) the counseling or teaching about diet and | 0007| nutrition; | 0008| (5) the spiritual or lifestyle counseling of any | 0009| individual or spiritual group or the practice of the religious tenets | 0010| of any church; | 0011| (6) the providing of information about the general | 0012| usage of herbal medicines, homeopathic medicines, vitamins, minerals, | 0013| enzymes or glandular or nutritional supplements; or | 0014| (7) the use of needles for diagnostic purposes and | 0015| the use of needles for the administration of diagnostic or therapeutic | 0016| substances by licensed health care professionals." | 0017| Section 6. Section 61-14A-10 NMSA 1978 (being Laws 1993, Chapter | 0018| 158, Section 18) is amended to read: | 0019| "61-14A-10. REQUIREMENTS FOR LICENSING.--The board shall grant a | 0020| license to practice acupuncture and oriental medicine to any person | 0021| who has submitted to the board: | 0022| A. the completed application for licensing on the form | 0023| provided by the board; | 0024| B. the required documentation as determined by the board; | 0025| C. the required fees; | 0001| D. an affidavit stating that the applicant has not been | 0002| found guilty of unprofessional conduct or incompetency; | 0003| E. proof, as determined by the board, that the applicant | 0004| has completed a board-approved educational program in acupuncture and | 0005| oriental medicine as provided for in the Acupuncture and Oriental | 0006| Medicine Practice Act and the rules of the board; and | 0007| F. proof that he has passed the examinations approved by | 0008| the board." | 0009| Section 7. Section 61-14A-11 NMSA 1978 (being Laws 1993, Chapter | 0010| 158, Section 19) is amended to read: | 0011| "61-14A-11. EXAMINATIONS.-- | 0012| A. The board shall establish procedures to ensure that | 0013| examinations for licensing are offered at least once a year. | 0014| B. The board shall establish by rule the deadline for | 0015| receipt of the application for licensing examination and other rules | 0016| relating to the taking and retaking of licensing examinations. | 0017| C. The board shall establish by rule the passing grades for | 0018| its approved examinations. | 0019| D. The board may approve by rule examinations that are used | 0020| for national certification or other examinations. | 0021| E. The board shall require each qualified applicant to pass | 0022| a written examination that includes, as a minimum, the following | 0023| subjects: | 0024| (1) anatomy and physiology; | 0025| (2) pathology; | 0001| (3) diagnosis; | 0002| (4) pharmacology; and | 0003| (5) principles, practices and treatment techniques of | 0004| acupuncture and oriental medicine. | 0005| F. The board may require each qualified applicant to pass a | 0006| practical examination that demonstrates his knowledge of and skill in | 0007| the application of the diagnostic and treatment techniques of | 0008| acupuncture and oriental medicine. | 0009| G. The board shall require each qualified applicant to pass | 0010| a written or a practical examination or both in the following | 0011| subjects: | 0012| (1) hygiene, sanitation and clean-needle technique; | 0013| and | 0014| (2) needle and instrument sterilization techniques. | 0015| H. The board may require each qualified applicant to pass a | 0016| written examination on the state laws and rules that pertain to the | 0017| practice of acupuncture and oriental medicine." | 0018| Section 8. Section 61-14A-13 NMSA 1978 (being Laws 1993, Chapter | 0019| 158, Section 21, as amended) is amended to read: | 0020| "61-14A-13. REQUIREMENTS FOR RECIPROCAL LICENSING.--The board | 0021| may grant a license to practice acupuncture and oriental medicine to a | 0022| person who has been licensed, certified, registered or legally | 0023| recognized as a doctor of oriental medicine in another state, district | 0024| or territory of the United States or foreign country if the applicant: | 0025| A. submits the completed application for reciprocal | 0001| licensing on the form provided by the board; | 0002| B. submits the required documentation as determined by the | 0003| board; | 0004| C. submits the required fee for application for reciprocal | 0005| licensing; | 0006| D. submits an affidavit stating that the applicant has not | 0007| been found guilty of unprofessional conduct or incompetency; | 0008| E. has passed a practical examination that demonstrates his | 0009| knowledge of and skill in the application of the diagnostic and | 0010| treatment techniques of acupuncture and oriental medicine, if the | 0011| board requires regular applicants to pass a practical examination, or | 0012| within the last six years has five years of clinical experience, as | 0013| defined by rule, in the practice of acupuncture and oriental medicine; | 0014| F. has passed a written examination on the state laws and | 0015| rules that pertain to the practice of acupuncture and oriental | 0016| medicine, if the board requires regular applicants for licensure to | 0017| pass such an examination; | 0018| G. is licensed, certified, registered or legally recognized | 0019| as a doctor of oriental medicine in another state, district or | 0020| territory of the United States or foreign country in which the | 0021| requirements for practice are similar to those of this state; and | 0022| H. is licensed, certified, registered or legally recognized | 0023| as a doctor of oriental medicine in a state, district or territory of | 0024| the United States or foreign country that permits a doctor of oriental | 0025| medicine licensed under the provisions of the Acupuncture and Oriental | 0001| Medicine Practice Act to practice acupuncture and oriental medicine in | 0002| that jurisdiction by reciprocal credentials review." | 0003| Section 9. Section 61-14A-14 NMSA 1978 (being Laws 1993, Chapter | 0004| 158, Section 22) is amended to read: | 0005| "61-14A-14. APPROVAL OF EDUCATIONAL PROGRAMS.-- | 0006| A. The board shall establish by rule the criteria for board | 0007| approval of educational programs in acupuncture and oriental medicine. | 0008| For an educational program in acupuncture and oriental medicine to | 0009| meet board approval, proof shall be submitted to the board | 0010| demonstrating that the educational program: | 0011| (1) was for a period of not less than four academic | 0012| years; | 0013| (2) included a minimum of seven hundred fifty hours | 0014| of supervised clinical practice; | 0015| (3) was taught by qualified teachers or a qualified | 0016| private tutor; | 0017| (4) required as a prerequisite to graduation personal | 0018| attendance in all classes and clinics and, as a minimum, the | 0019| completion of the following subjects: | 0020| (a) anatomy and physiology; | 0021| (b) pathology; | 0022| (c) diagnosis; | 0023| (d) pharmacology; | 0024| (e) oriental principles of life therapy, | 0025| including diet, nutrition and counseling; | 0001| (f) theory and techniques of traditional and | 0002| modern acupuncture and oriental medicine; | 0003| (g) precautions and contraindications for | 0004| acupuncture treatment; | 0005| (h) theory and application of meridian pulse | 0006| evaluation and meridian point location; | 0007| (i) traditional and modern methods of life- | 0008| energy evaluation; | 0009| (j) the prescription of herbal medicine and | 0010| precautions and contraindications for its use; | 0011| (k) hygiene, sanitation and clean-needle | 0012| technique; | 0013| (l) care and management of needling devices; and | 0014| (m) needle and instrument sterilization | 0015| techniques; and | 0016| (5) resulted in the presentation of a certificate or | 0017| diploma after completion of all the educational program requirements. | 0018| B. All institutes and private tutors in New Mexico that | 0019| offer educational programs in acupuncture and oriental medicine with | 0020| the intent to graduate students qualified to be applicants for | 0021| licensing examination by the board shall have their educational | 0022| programs annually approved by the board. For the educational program | 0023| in acupuncture and oriental medicine to be approved by the board, the | 0024| institute or private tutor shall submit: | 0025| (1) the completed application for approval of an | 0001| educational program; | 0002| (2) the required documentation as determined by the | 0003| board; | 0004| (3) proof, as determined by the board, that the | 0005| educational requirements provided for in Subsection A of this section | 0006| are being met; and | 0007| (4) the required fee for application for approval of | 0008| an educational program. | 0009| C. Institutes and private tutors outside New Mexico that | 0010| offer educational programs in acupuncture and oriental medicine with | 0011| the intent to graduate students qualified to be applicants for | 0012| licensing examination by the board may have their educational programs | 0013| annually approved by the board. For the educational program in | 0014| acupuncture and oriental medicine to be approved by the board, the | 0015| institute or private tutor shall submit: | 0016| (1) the completed application for approval of an | 0017| educational program; | 0018| (2) the required documentation as determined by the | 0019| board; | 0020| (3) proof, as determined by the board, that the | 0021| educational requirements provided for in Subsection A of this section | 0022| are being met; and | 0023| (4) the required fee for application for approval of | 0024| an educational program. | 0025| D. Each institute and private tutor in New Mexico that | 0001| offers an approved educational program in acupuncture and oriental | 0002| medicine as referred to in Subsection B of this section shall renew | 0003| their approval annually by submitting: | 0004| (1) the completed application for renewal of approval | 0005| of an educational program on the form provided by the board; | 0006| (2) proof, as determined by the board, that the | 0007| educational requirements provided for in Subsection A of this section | 0008| are being met; and | 0009| (3) the required fee for application for renewal of | 0010| approval of an educational program. | 0011| E. Each institute and private tutor outside New Mexico that | 0012| offers an approved educational program in acupuncture and oriental | 0013| medicine as referred to in Subsection C of this section may renew | 0014| their approval annually by submitting: | 0015| (1) the completed application for renewal of approval | 0016| of an educational program on the form provided by the board; | 0017| (2) proof, as determined by the board, that the | 0018| educational requirements provided for in Subsection A of this section | 0019| are being met; and | 0020| (3) the required fee for application for renewal of | 0021| approval of an educational program. | 0022| F. A sixty-day grace period shall be allowed each institute | 0023| or private tutor after the end of the approval period, during which | 0024| time the approval may be renewed by submitting: | 0025| (1) the completed application for renewal of approval | 0001| of an educational program on the form provided by the board; | 0002| (2) proof, as determined by the board, that the | 0003| educational requirements provided for in Subsection A of this section | 0004| are being met; | 0005| (3) the required fee for application for renewal of | 0006| approval of an educational program; and | 0007| (4) the required fee for late renewal of approval. | 0008| G. Any approval not renewed at the end of the grace period | 0009| shall be considered expired. For renewal of an expired approval, the | 0010| board shall establish by rule any requirements or fees that are in | 0011| addition to the fee for annual renewal of approval and may require the | 0012| institute or private tutor to reapply as a new applicant." | 0013| Section 10. Section 61-14A-17 NMSA 1978 (being Laws 1993, | 0014| Chapter 158, Section 25) is amended to read: | 0015| "61-14A-17. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW-- | 0016| APPLICATION OF UNIFORM LICENSING ACT.-- | 0017| A. In accordance with the procedures contained in the | 0018| Uniform Licensing Act, the board may deny, revoke or suspend any | 0019| permanent or temporary license held or applied for under the | 0020| Acupuncture and Oriental Medicine Practice Act, upon findings by the | 0021| board that the licensee or applicant: | 0022| (1) is guilty of fraud or deceit in procuring or | 0023| attempting to procure a license; | 0024| (2) has been convicted of a felony. A certified copy | 0025| of the record of conviction shall be conclusive evidence of such | 0001| conviction; | 0002| (3) is guilty of incompetence as defined by board | 0003| rule; | 0004| (4) is habitually intemperate, is addicted to the use | 0005| of habit-forming drugs or is addicted to any vice to such a degree as | 0006| to render him unfit to practice as a doctor of oriental medicine; | 0007| (5) is guilty of unprofessional conduct, as defined | 0008| by board rule; | 0009| (6) is guilty of any violation of the Controlled | 0010| Substances Act; | 0011| (7) has violated any provision of the Acupuncture and | 0012| Oriental Medicine Practice Act or rules promulgated by the board; | 0013| (8) is guilty of failing to furnish the board, its | 0014| investigators or representatives with information requested by the | 0015| board; | 0016| (9) is guilty of willfully or negligently practicing | 0017| beyond the scope of acupuncture and oriental medicine as defined in | 0018| the Acupuncture and Oriental Medicine Practice Act; | 0019| (10) is guilty of failing to adequately supervise a | 0020| sponsored temporary licensee; | 0021| (11) is guilty of aiding or abetting the practice of | 0022| acupuncture and oriental medicine by a person not licensed by the | 0023| board; | 0024| (12) is guilty of practicing or attempting to | 0025| practice under an assumed name; | 0001| (13) advertises by means of knowingly false | 0002| statements; | 0003| (14) advertises or attempts to attract patronage in | 0004| any unethical manner prohibited by the Acupuncture and Oriental | 0005| Medicine Practice Act or the rules of the board; | 0006| (15) has been declared mentally incompetent by | 0007| regularly constituted authorities; | 0008| (16) has had a license, certificate or registration | 0009| to practice as a doctor of oriental medicine revoked, suspended or | 0010| denied in any jurisdiction of the United States or a foreign country | 0011| for actions of the licensee similar to acts described in this | 0012| subsection. A certified copy of the record of the jurisdiction taking | 0013| such disciplinary action will be conclusive evidence thereof; or | 0014| (17) fails, when diagnosing or treating a patient, to | 0015| possess or apply the knowledge or to use the skill and care ordinarily | 0016| used by reasonably well-qualified doctors of oriental medicine | 0017| practicing under similar circumstances, giving due consideration to | 0018| the locality involved. | 0019| B. Disciplinary proceedings may be instituted by any | 0020| person, shall be by sworn complaint and shall conform with the | 0021| provisions of the Uniform Licensing Act. Any party to the hearing may | 0022| obtain a copy of the hearing record upon payment of the costs of the | 0023| copy. | 0024| C. Any person filing a sworn complaint shall be immune from | 0025| liability arising out of civil action if the complaint is filed in | 0001| good faith and without actual malice. | 0002| D. The licensee shall bear the costs of disciplinary | 0003| proceedings unless exonerated." |