0001| SENATE BILL 272
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MICHAEL S. SANCHEZ
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LICENSURE; CLARIFYING THE PRACTICE OF ORIENTAL
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0012| MEDICINE; GIVING DOCTORS OF ORIENTAL MEDICINE PRESCRIPTIVE
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0013| AUTHORITY; DESIGNATING DOCTORS OF ORIENTAL MEDICINE AS PRIMARY
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0014| CARE PROVIDERS; PROVIDING FOR ANNUAL LICENSURE; INCREASING
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0015| FEES; EXPANDING THE AUTHORITY TO DENY, SUSPEND OR REVOKE A
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0016| LICENSE; REQUIRING LICENSEES TO PAY COSTS OF DISCIPLINARY
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0017| PROCEEDINGS UNDER CERTAIN CIRCUMSTANCES.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 26-1-2 NMSA 1978 (being Laws 1967,
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0021| Chapter 23, Section 2, as amended) is amended to read:
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0022| "26-1-2. DEFINITIONS.--As used in the New Mexico Drug,
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0023| Device and Cosmetic Act:
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0024| A. "board" means the board of pharmacy or its duly
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0025| authorized agent;
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0001| B. "person" includes individual, partnership,
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0002| corporation, association, institution or establishment;
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0003| C. "biological product" means any virus,
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0004| therapeutic serum, toxin, antitoxin or analogous product
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0005| applicable to the prevention, treatment or cure of diseases or
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0006| injuries of man and domestic animals and, as used within the
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0007| meaning of this definition:
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0008| (1) a "virus" is interpreted to be a product
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0009| containing the minute living cause of an infectious disease and
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0010| includes [but is not limited to] filterable viruses,
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0011| bacteria, rickettsia, fungi and protozoa;
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0012| (2) a "therapeutic serum" is a product
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0013| obtained from blood by removing the clot or clot components and
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0014| the blood cells;
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0015| (3) a "toxin" is a product containing a
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0016| soluble substance poisonous to laboratory animals or man in
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0017| doses of one milliliter or less of the product and having the
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0018| property, following the injection of nonfatal doses into an
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0019| animal, or causing to be produced therein another soluble
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0020| substance [which] that specifically neutralizes the
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0021| poisonous substance and [which] that is demonstrable in the
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0022| serum of the animal thus immunized; and
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0023| (4) an "antitoxin" is a product containing the
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0024| soluble substance in serum or other body fluid of an immunized
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0025| animal [which] that specifically neutralizes the toxin
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0001| against which the animal is immune;
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0002| D. "controlled substance" means any drug, substance
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0003| or immediate precursor enumerated in Schedules I through V of
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0004| the Controlled Substances Act;
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0005| E. "drug" means:
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0006| (1) articles recognized in an official
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0007| compendium;
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0008| (2) articles intended for use in the
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0009| diagnosis, cure, mitigation, treatment or prevention of disease
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0010| in man or other animals and includes the domestic animal
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0011| biological products regulated under the federal Virus-Serum-
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0012| Toxin Act, 37 Stat 832-833, 21 U.S.C. 151-158 and the
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0013| biological products applicable to man regulated under Federal
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0014| 58 Stat 690, as amended, 42 U.S.C. 216, Section 351, and 58
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0015| Stat 702, as amended, 42 U.S.C. 262;
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0016| (3) articles other than food [which] that
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0017| affect the structure or any function of the body of man or
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0018| other animals; and
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0019| (4) articles intended for use as a component
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0020| of Paragraph (1), (2) or (3) of this subsection, but does not
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0021| include devices or their component parts or accessories;
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0022| F. "dangerous drug" means a drug, other than a
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0023| controlled substance enumerated in Schedule I of the Controlled
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0024| Substances Act, [which] that because of any potentiality
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0025| for harmful effect or the method of its use or the collateral
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0001| measures necessary to its use is not safe except under the
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0002| supervision of a practitioner licensed by law to direct the use
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0003| of such drug and hence for which adequate directions for use
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0004| cannot be prepared. "Adequate directions for use" means
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0005| directions under which the layman can use a drug or device
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0006| safely and for the purposes for which it is intended. A drug
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0007| shall be dispensed only upon the prescription of a practitioner
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0008| licensed by law to administer or prescribe such drug if it:
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0009| (1) is a habit-forming drug and contains any
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0010| quantity of a narcotic or hypnotic substance, or any chemical
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0011| derivative of such substance, [which] that has been found
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0012| under the federal act and the board to be habit-forming;
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0013| (2) because of its toxicity or other
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0014| potentiality for harmful effect or the method of its use or the
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0015| collateral measures necessary to its use is not safe for use
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0016| except under the supervision of a practitioner licensed by law
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0017| to administer or prescribe such drug;
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0018| (3) is limited by an approved application by
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0019| Section 505 of the federal act to the use under the
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0020| professional supervision of a practitioner licensed by law to
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0021| administer or prescribe such drug;
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0022| (4) bears the legend: "Caution: federal law
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0023| prohibits dispensing without prescription."; or
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0024| (5) bears the legend: "Caution: federal law
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0025| restricts this drug to use by or on the order of a licensed
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0001| veterinarian.";
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0002| G. "counterfeit drug" means a drug other than a
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0003| controlled substance [which] that, or the container or
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0004| labeling of which, without authorization, bears the trademark,
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0005| trade name or other identifying mark, imprint or device, or any
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0006| likeness, of a drug manufacturer, processor, packer or
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0007| distributor other than the person who in fact manufactured,
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0008| processed, packed or distributed such drug and [which] that
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0009| falsely purports or is represented to be the product of or to
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0010| have been packed or distributed by such other drug
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0011| manufacturer, processor, packer or distributor;
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0012| H. "device", except when used in Subsection P of
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0013| this section and in Subsection G of Section 26-1-3, Subsection
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0014| L and Paragraph (4) of Subsection A of Section 26-1-11 and
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0015| Subsection C of Section 26-1-24 NMSA 1978, means an instrument,
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0016| apparatus, implement, machine, contrivance, implant, in vitro
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0017| reagent or other similar or related article, including any
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0018| component, part or accessory,[which] that is:
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0019| (1) recognized in an official compendium;
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0020| (2) intended for use in the diagnosis of
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0021| disease or other conditions, or in the cure, mitigation,
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0022| treatment or prevention of disease, in man or other animals; or
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0023| (3) intended to affect the structure or any
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0024| function of the body of man or other animals and [which]
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0025| that does not achieve any of its principal intended purposes
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0001| through chemical action within or on the body of man or other
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0002| animals and which is not dependent upon being metabolized for
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0003| achievement of any of its principal intended purposes;
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0004| I. "prescription" means an order given individually
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0005| for the person for whom prescribed, either directly from the
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0006| prescriber to the pharmacist or indirectly by means of a
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0007| written order signed by the prescriber, and bearing the name
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0008| and address of the prescriber, his license classification, the
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0009| name and address of the patient, the name and quantity of the
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0010| drug prescribed, directions for use and the date of issue. No
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0011| person other than a practitioner shall prescribe or write a
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0012| prescription;
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0013| J. "practitioner" means a physician, doctor of
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0014| oriental medicine, dentist, veterinarian or other person
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0015| licensed to prescribe and administer drugs [which] that are
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0016| subject to the New Mexico Drug, Device and Cosmetic Act;
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0017| K. "cosmetic" means:
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0018| (1) articles intended to be rubbed, poured,
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0019| sprinkled or sprayed on, introduced into or otherwise applied
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0020| to the human body or any part thereof for cleansing,
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0021| beautifying, promoting attractiveness or altering the
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0022| appearance; and
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0023| (2) articles intended for use as a component
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0024| of any articles enumerated in Paragraph (1) of this subsection,
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0025| except that the term shall not include soap;
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0001| L. "official compendium" means the official United
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0002| States pharmacopoeia national formulary or the official
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0003| homeopathic pharmacopoeia of the United States or any sup-
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0004|
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0005| plement to either of them;
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0006| M. "label" means a display of written, printed or
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0007| graphic matter upon the immediate container of any article. A
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0008| requirement made by or under the authority of the New Mexico
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0009| Drug, Device and Cosmetic Act that any word, statement or other
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0010| information appear on the label shall not be considered to be
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0011| complied with unless the word, statement or other information
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0012| also appears on the outside container or wrapper, if any, of
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0013| the retail package of the article or is easily legible through
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0014| the outside container or wrapper;
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0015| N. "immediate container" does not include package
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0016| liners;
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0017| O. "labeling" means all labels and other written,
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0018| printed or graphic matter:
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0019| (1) upon any article or any of its containers
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0020| or wrappers; or
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0021| (2) accompanying any article;
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0022| P. "misbranded" means a label to an article
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0023| [which] that is misleading. In determining whether the
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0024| label is misleading, there shall be taken into account, among
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0025| other things, not only representations made or suggested by
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0001| statement, word, design, device or any combination of the
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0002| foregoing, but also the extent to which the label fails to re-
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0003|
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0004| veal facts material in the light of such representations or
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0005| material with respect to consequences [which] that may
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0006| result from the use of the article to which the label relates
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0007| under the conditions of use prescribed in the label or under
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0008| such conditions of use as are customary or usual;
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0009| Q. "advertisement" means all representations
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0010| disseminated in any manner or by any means, other than by
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0011| labeling, for the purpose of inducing, or [which] that are
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0012| likely to induce, directly or indirectly, the purchase of
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0013| drugs, devices or cosmetics;
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0014| R. "antiseptic", when used in the labeling or
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0015| advertisement of an antiseptic, shall be considered to be a
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0016| representation that it is a germicide, except in the case of a
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0017| drug purporting to be or represented as an antiseptic for
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0018| inhibitory use as a wet dressing, ointment, dusting powder or
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0019| such other use as involves prolonged contact with the body;
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0020| S. "new drug" means:
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0021| (1) any drug, the composition of which is such
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0022| that the drug is not generally recognized, among experts
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0023| qualified by scientific training and experience to evaluate the
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0024| safety and efficacy of drugs, as safe and effective for use
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0025| under the conditions prescribed, recommended or suggested in
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0001| the labeling thereof; or
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0002| (2) any drug, the composition of which is such
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0003| that the drug, as a result of investigation to determine its
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0004| safety and efficacy for use under such conditions, has become
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0005| so recognized, but [which] that has not, otherwise than in
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0006| such investigations, been used to a material extent or for a
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0007| material time under such conditions;
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0008| T. "contaminated with filth" applies to any drug,
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0009| device or cosmetic not securely protected from dirt, dust and,
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0010| as far as may be necessary by all reasonable means, from all
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0011| foreign or injurious contaminations, or any drug, device or
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0012| cosmetic found to contain any dirt, dust, foreign or injurious
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0013| contamination or infestation;
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0014| U. "selling of drugs, devices or cosmetics" shall
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0015| be considered to include the manufacture, production,
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0016| processing, packing, exposure, offer, possession and holding of
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0017| any such article for sale and the sale and the supplying or
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0018| applying of any such article in the conduct of any drug or
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0019| cosmetic establishment;
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0020| V. "color additive" means a material [which]
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0021| that:
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0022| (1) is a dye, pigment or other substance made
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0023| by a process of synthesis or similar artifice or extracted,
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0024| isolated or otherwise derived, with or without intermediate or
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0025| final change of identity, from a vegetable, mineral, animal or
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0001| other source; or
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0002| (2) when added or applied to a drug or
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0003| cosmetic or to the human body or any part thereof, is capable,
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0004| alone or through reaction with other substances, of imparting
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0005| color thereto; except that such term does not include any
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0006| material [which] that has been or hereafter is exempted
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0007| under the federal act;
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0008| W. "federal act" means the Federal Food, Drug and
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0009| Cosmetic Act;
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0010| X. "restricted device" means a device for which the
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0011| sale, distribution or use is lawful only upon the written or
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0012| oral authorization of a practitioner licensed by law to
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0013| administer, prescribe or use the device and for which the
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0014| federal food and drug administration requires special training
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0015| or skills of the practitioner to use or prescribe. This
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0016| definition does not include custom devices defined in the
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0017| federal act and exempt from performance standards or premarket
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0018| approval requirements under Section 520 (b) of the federal act;
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0019| and
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0020| Y. "prescription device" means a device [which]
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0021| that, because of its potential for harm, the method of its
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0022| use or the collateral measures necessary to its use, is not
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0023| safe except under the supervision of a practitioner licensed in
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0024| this state to direct the use of such device and for which
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0025| "adequate directions for use" cannot be prepared, but that
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0001| bears the label: "Caution: Federal law restricts this device
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0002| to sale by or on the order of a ", the blank to be
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0003| filled with the word "physician", "doctor of oriental
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0004| medicine", "dentist", "veterinarian" or with the descriptive
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0005| designation of any other practitioner licensed in this state to
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0006| use or order the use of the device."
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0007| Section 2. Section 61-14A-1 NMSA 1978 (being Laws 1993,
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0008| Chapter 158, Section 9) is amended to read:
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0009| "61-14A-1. SHORT TITLE. [Sections 61-14A-1 through
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61-14A-21] Chapter 61, Article 14A NMSA 1978 may be cited as
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0011| the "Acupuncture and Oriental Medicine Practice Act"."
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0012| Section 3. Section 61-14A-3 NMSA 1978 (being Laws 1993,
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0013| Chapter 158, Section 11) is amended to read:
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0014| "61-14A-3. DEFINITIONS.--As used in the Acupuncture and
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0015| Oriental Medicine Practice Act:
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0016| A. "acupuncture" means the use of needles inserted
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0017| into and removed from the human body and the use of other
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0018| devices, modalities and procedures at specific locations on
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0019| the body for the prevention, cure or correction of any disease,
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0020| illness, injury, pain or other condition by controlling and
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0021| regulating the flow and balance of energy and functioning of
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0022| the person to restore and maintain health;
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0023| B. "board" means the board of acupuncture and
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0024| oriental medicine;
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0025| [C. "department" means the regulation and
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licensing department;
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D.] C. "doctor of oriental medicine" means a
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0003| [physician] person licensed as a physician to practice
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0004| acupuncture and oriental medicine [and includes the terms
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"oriental medical physician", "doctor of acupuncture",
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"acupuncture physician", "acupuncture practitioner" and
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"acupuncturist"] with the ability to practice independently,
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0008| serve as a primary care provider and as necessary collaborate
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0009| with other health care providers;
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0010| [E.] D. "moxibustion" means the use of heat on
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0011| or above specific locations or on acupuncture needles at
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0012| specific locations on the body for the prevention, cure or
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0013| correction of any disease, illness, injury, pain or other
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0014| condition;
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0015| [F.] E. "oriental medicine" means the distinct
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0016| system of primary health care that uses all allied techniques
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0017| of oriental medicine, both traditional and modern, to diagnose,
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0018| treat and prescribe [as defined in Subsection G of this
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section] for the prevention, cure or correction of any
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0020| disease, illness, injury, pain or other physical or mental
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0021| condition by controlling and regulating the flow and balance of
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0022| energy and functioning of the person to restore and maintain
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0023| health; [and]
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0024| F. "primary care provider" means a health care
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0025| professional who provides the first level of basic or general
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0001| health care for an individual's health needs, including
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0002| diagnostic and treatment services; and
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0003| G. "techniques of oriental medicine" means:
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0004| (1) the diagnostic and treatment techniques
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0005| [utilized] used in oriental medicine that include [but are
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not limited to] diagnostic procedures; acupuncture;
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0007| moxibustion; manual therapy, also known as tui na; other
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0008| physical medicine modalities and therapeutic procedures;
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0009| breathing and exercise techniques; and dietary, nutritional
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0010| and lifestyle counseling; [and]
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0011| (2) the prescription or administration of
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0012| any herbal medicine, homeopathic medicine [vitamin, mineral,
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enzyme, glandular or nutritional supplement] or other
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0014| substances, including vitamins, minerals, enzymes, glandular
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0015| products, amino acids, dietary and nutritional supplements; and
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0016| (3) the prescription or administration of
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0017| biological products, drugs, dangerous drugs and cosmetics,
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0018| other than those enumerated in Paragraph (2) of this
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0019| subsection, and the prescription or administration of devices,
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0020| restricted devices and prescription devices, as these
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0021| substances and devices are defined in the New Mexico Drug,
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0022| Device and Cosmetic Act, if the board determines by rule that
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0023| any such substance or device is necessary in the practice of
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0024| oriental medicine."
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0025| Section 4. Section 61-14A-5 NMSA 1978 (being Laws 1993,
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0001| Chapter 158, Section 13) is amended to read:
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0002| "61-14A-5. TITLE.--Any person licensed [under]
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0003| pursuant to provisions of the Acupuncture and Oriental
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0004| Medicine Practice Act, in advertising his services to the
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0005| public, shall use the title "doctor of oriental medicine" or
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0006| "D.O.M.". [Effective July 1, 1994] The title "doctor of
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0007| oriental medicine" or "D.O.M." shall supersede the use of all
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0008| other titles that include the words "medical doctor" or the
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0009| initials "M.D." unless the person is a medical doctor licensed
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0010| pursuant to provisions of the Medical Practice Act."
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0011| Section 5. Section 61-14A-6 NMSA 1978 (being Laws 1993,
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0012| Chapter 158, Section 14) is amended to read:
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0013| "61-14A-6. EXEMPTIONS.--
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0014| [A. Nothing in the Acupuncture and Oriental
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Medicine Practice Act is intended to limit, interfere with or
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prevent any other class of licensed health care professionals
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from practicing within the scope of their license as defined by
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each profession's New Mexico licensing statutes, but they shall
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not hold themselves out to the public or any private group or
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business by using any title or description of services that
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includes the terms acupuncture, acupuncturist or oriental
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medicine unless they are licensed under the Acupuncture and
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Oriental Medicine Practice Act.
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B.] A. Students enrolled in an educational
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0025| program in acupuncture and oriental medicine approved by the
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0001| board may practice acupuncture and oriental medicine under the
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0002| direct supervision of a teacher at an institute or with a
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0003| private tutor as part of the educational program in which they
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0004| are enrolled.
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0005| [C.] B. The Acupuncture and Oriental Medicine
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0006| Practice Act shall not apply to or affect the following
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0007| practices [provided that] if the individual does not hold
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0008| himself out as a doctor of oriental medicine or as practicing
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0009| acupuncture or oriental medicine:
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0010| (1) the administering of gratuitous services
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0011| in cases of emergency;
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0012| (2) the domestic administering of family
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0013| remedies;
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0014| (3) the counseling about or the teaching and
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0015| demonstration of breathing and exercise techniques;
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0016| (4) the counseling or teaching about diet and
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0017| nutrition;
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0018| (5) the spiritual or lifestyle counseling of
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0019| any individual or spiritual group or the practice of the
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0020| religious tenets of any church; [or]
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0021| (6) the providing of information about the
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0022| general usage of herbal medicines, homeopathic medicines,
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0023| vitamins, minerals, enzymes or glandular or nutritional
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0024| supplements; or
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0025| (7) the use of needles for diagnostic
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0001| purposes and the use of needles for the administration of
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0002| diagnostic or therapeutic substances by licensed health care
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0003| professionals."
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0004| Section 6. Section 61-14A-10 NMSA 1978 (being Laws 1993,
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0005| Chapter 158, Section 18) is amended to read:
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0006| "61-14A-10. REQUIREMENTS FOR LICENSING.--The board shall
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0007| grant a license to practice acupuncture and oriental medicine
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0008| to any person who has submitted to the board:
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0009| A. the completed application for licensing on the
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0010| form provided by the board;
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0011| B. the required documentation as determined by the
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0012| board;
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0013| C. the required fees;
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0014| D. an affidavit stating that the applicant has not
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0015| been found guilty of unprofessional conduct or incompetency;
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0016| E. proof, as determined by the board, that the
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0017| applicant has completed [an] a board-approved educational
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0018| program in acupuncture and oriental medicine as provided for in
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0019| the Acupuncture and Oriental Medicine Practice Act and the
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0020| rules [and regulations] of the board; and
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0021| F. proof that he has passed [an examination] the
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0022| examinations approved by the board."
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0023| Section 7. Section 61-14A-11 NMSA 1978 (being Laws 1993,
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0024| Chapter 158, Section 19) is amended to read:
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0025| "61-14A-11. EXAMINATIONS.--
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0001| A. The board shall establish procedures to ensure
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0002| that examinations for licensing are offered at least once a
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0003| year.
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0004| B. The board shall establish by rule the deadline
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0005| for receipt of the application for licensing examination and
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0006| other rules relating to the taking and retaking of licensing
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0007| examinations.
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0008| C. The board shall establish by rule the passing
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0009| grades for its approved examinations.
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0010| D. The board may approve by rule examinations that
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0011| are used for national certification or other examinations.
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0012| E. The board shall require each qualified applicant
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0013| to pass a written examination that includes, as a minimum, the
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0014| following subjects:
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0015| (1) anatomy and physiology;
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0016| (2) pathology;
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0017| (3) diagnosis; [and]
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0018| (4) pharmacology; and
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0019| [(4)] (5) principles, practices and
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0020| treatment techniques of acupuncture and oriental medicine.
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0021| F. The board [shall] may require each qualified
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0022| applicant to pass a practical examination that demonstrates his
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0023| knowledge of and skill in the application of the diagnostic and
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0024| treatment techniques of acupuncture and oriental medicine.
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0025| G. The board shall require each qualified applicant
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0001| to pass a written or a practical examination or both in the
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0002| following subjects:
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0003| (1) hygiene, sanitation and clean-needle
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0004| technique; and
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0005| (2) needle and instrument sterilization
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0006| techniques.
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0007| H. The board may require each qualified applicant
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0008| to pass a written examination on the state laws and
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0009| [regulations] rules that pertain to the practice of
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0010| acupuncture and oriental medicine."
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0011| Section 8. Section 61-14A-13 NMSA 1978 (being Laws 1993,
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0012| Chapter 158, Section 21, as amended) is amended to read:
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0013| "61-14A-13. REQUIREMENTS FOR RECIPROCAL LICENSING.--The
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0014| board may grant a license to practice acupuncture and oriental
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0015| medicine to a person who has been licensed, certified,
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0016| registered or legally recognized as a doctor of oriental
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0017| medicine in another state, district or territory of the United
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0018| States or foreign country if the applicant:
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0019| A. submits the completed application for reciprocal
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0020| licensing on the form provided by the board;
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0021| B. submits the required documentation as determined
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0022| by the board;
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0023| C. submits the required fee for application for
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0024| reciprocal licensing;
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0025| D. submits an affidavit stating that the applicant
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0001| has not been found guilty of unprofessional conduct or
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0002| incompetency;
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0003| E. has passed a practical examination that
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0004| demonstrates his knowledge of and skill in the application of
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0005| the diagnostic and treatment techniques of acupuncture and
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0006| oriental medicine, if the board requires regular applicants to
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0007| pass a practical examination, or within the last six years has
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0008| five years of clinical experience, as defined by rule, in the
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0009| practice of acupuncture and oriental medicine;
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0010| F. has passed a written examination on the state
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0011| laws and rules that pertain to the practice of acupuncture and
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0012| oriental medicine, if the board requires regular applicants for
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0013| licensure to pass such an examination;
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0014| [F.] G. is licensed, certified, registered or
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0015| legally recognized as a doctor of oriental medicine in another
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0016| state, district or territory of the United States or foreign
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0017| country in which the requirements for practice are similar to
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0018| those of this state; and
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0019| [G.] H. is licensed, certified, registered or
|
0020| legally recognized as a doctor of oriental medicine in a state,
|
0021| district or territory of the United States or foreign country
|
0022| that permits a doctor of oriental medicine licensed under the
|
0023| provisions of the Acupuncture and Oriental Medicine Practice
|
0024| Act to practice acupuncture and oriental medicine in that
|
0025| jurisdiction by reciprocal credentials review."
|
0001| Section 9. Section 61-14A-14 NMSA 1978 (being Laws 1993,
|
0002| Chapter 158, Section 22) is amended to read:
|
0003| "61-14A-14. APPROVAL OF EDUCATIONAL PROGRAMS.--
|
0004| A. The board shall establish by rule the criteria
|
0005| for board approval of educational programs in acupuncture and
|
0006| oriental medicine. For [the] an educational program in
|
0007| acupuncture and oriental medicine to meet board approval, proof
|
0008| shall be submitted to the board demonstrating that the
|
0009| educational program:
|
0010| (1) was for a period of not less than four
|
0011| academic years;
|
0012| (2) included a minimum of seven hundred fifty
|
0013| hours of supervised clinical practice;
|
0014| (3) was taught by qualified teachers or a
|
0015| qualified private tutor;
|
0016| (4) required as a prerequisite to graduation
|
0017| personal attendance in all classes and clinics and, as a
|
0018| minimum, the completion of the following subjects:
|
0019| (a) anatomy and physiology;
|
0020| (b) pathology;
|
0021| (c) diagnosis;
|
0022| (d) pharmacology;
|
0023| [(d)] (e) oriental principles of
|
0024| life therapy, including diet, nutrition and counseling;
|
0025| [(e)] (f) theory and techniques of
|
0001| traditional and modern acupuncture and oriental medicine;
|
0002| [(f)] (g) precautions and
|
0003| contraindications for acupuncture treatment;
|
0004| [(g)] (h) theory and application of
|
0005| meridian pulse evaluation and meridian point location;
|
0006| [(h)] (i) traditional and modern
|
0007| methods of life-energy evaluation;
|
0008| [(i)] (j) the prescription of herbal
|
0009| medicine and precautions and contraindications for its use;
|
0010| [(j)] (k) hygiene, sanitation and
|
0011| clean-needle technique;
|
0012| [(k)] (l) care and management of
|
0013| needling devices; and
|
0014| [(l)] (m) needle and instrument
|
0015| sterilization techniques; and
|
0016| (5) resulted in the presentation of a
|
0017| certificate or diploma after completion of all the educational
|
0018| program requirements.
|
0019| B. All institutes and private tutors in New Mexico
|
0020| that offer educational programs in acupuncture and oriental
|
0021| medicine with the intent to graduate students qualified to be
|
0022| applicants for licensing examination by the board shall have
|
0023| their educational programs annually approved by the board. For
|
0024| the educational program in acupuncture and oriental medicine to
|
0025| be approved by the board, the institute or private tutor shall
|
0001| submit:
|
0002| (1) the completed application for approval of
|
0003| an educational program;
|
0004| (2) the required documentation as determined
|
0005| by the board;
|
0006| (3) proof, as determined by the board, that
|
0007| the educational requirements [referred to] provided for in
|
0008| Subsection A of this section are being met; and
|
0009| (4) the required fee for application for
|
0010| approval of an educational program.
|
0011| C. Institutes and private tutors outside New Mexico
|
0012| that offer educational programs in acupuncture and oriental
|
0013| medicine with the intent to graduate students qualified to be
|
0014| applicants for licensing examination by the board may have
|
0015| their educational programs annually approved by the board. For
|
0016| the educational program in acupuncture and oriental medicine to
|
0017| be approved by the board, the institute or private tutor shall
|
0018| submit:
|
0019| (1) the completed application for approval of
|
0020| an educational program;
|
0021| (2) the required documentation as determined
|
0022| by the board;
|
0023| (3) proof, as determined by the board, that
|
0024| the educational requirements [referred to] provided for in
|
0025| Subsection A of this section are being met; and
|
0001| (4) the required fee for application for
|
0002| approval of an educational program.
|
0003| D. Each institute and private tutor in New Mexico
|
0004| that offers an approved educational program in acupuncture and
|
0005| oriental medicine as referred to in Subsection B of this
|
0006| section shall renew their approval annually by submitting:
|
0007| (1) the completed application for renewal of
|
0008| approval of an educational program on the form provided by the
|
0009| board;
|
0010| (2) proof, as determined by the board, that
|
0011| the educational requirements [referred to] provided for in
|
0012| Subsection A of this section are being met; and
|
0013| (3) the required fee for application for
|
0014| renewal of approval of an educational program.
|
0015| E. Each institute and private tutor outside New
|
0016| Mexico that offers an approved educational program in
|
0017| acupuncture and oriental medicine as referred to in Subsection
|
0018| C of this section may renew their approval annually by
|
0019| submitting:
|
0020| (1) the completed application for renewal of
|
0021| approval of an educational program on the form provided by the
|
0022| board;
|
0023| (2) proof, as determined by the board, that
|
0024| the educational requirements [referred to] provided for in
|
0025| Subsection A of this section are being met; and
|
0001| (3) the required fee for application for
|
0002| renewal of approval of an educational program.
|
0003| F. A sixty-day grace period shall be allowed each
|
0004| institute or private tutor after the end of the approval
|
0005| period, during which time the approval may be renewed by
|
0006| submitting:
|
0007| (1) the completed application for renewal of
|
0008| approval of an educational program on the form provided by the
|
0009| board;
|
0010| (2) proof, as determined by the board, that
|
0011| the educational requirements [referred to] provided for in
|
0012| Subsection A of this section are being met;
|
0013| (3) the required fee for application for
|
0014| renewal of approval of an educational program; and
|
0015| (4) the required fee for late renewal of
|
0016| approval.
|
0017| G. Any approval not renewed at the end of the grace
|
0018| period shall be considered expired. For renewal of an expired
|
0019| approval, the board shall establish by rule any requirements or
|
0020| fees that are in addition to the fee for annual renewal of
|
0021| approval and may require the institute or private tutor to
|
0022| reapply as a new applicant."
|
0023| Section 10. Section 61-14A-15 NMSA 1978 (being Laws 1993,
|
0024| Chapter 158, Section 23) is amended to read:
|
0025| "61-14A-15. LICENSE RENEWAL.--
|
0001| A. Each licensee shall renew his license
|
0002| [biennially] annually by submitting:
|
0003| (1) the completed application for license
|
0004| renewal on the form provided by the board; and
|
0005| (2) the required fee for [biennial] annual
|
0006| license renewal.
|
0007| B. The board may require proof of continuing
|
0008| education or other proof of competency as a requirement for
|
0009| renewal.
|
0010| C. A sixty-day grace period shall be allowed each
|
0011| licensee after the end of the licensing period, during which
|
0012| time the license may be renewed by submitting:
|
0013| (1) the completed application for license
|
0014| renewal on the form provided by the board;
|
0015| (2) the required fee for [biennial] annual
|
0016| license renewal; and
|
0017| (3) the required fee for late license renewal.
|
0018| D. Any license not renewed at the end of the grace
|
0019| period shall be considered expired and the licensee shall not
|
0020| be eligible to practice within the state. For renewal of an
|
0021| expired license, the board shall establish by rule any
|
0022| requirements or fees that are in addition to the fee for
|
0023| [biennial] annual license renewal and may require the
|
0024| former licensee to reapply as a new applicant."
|
0025| Section 11. Section 61-14A-16 NMSA 1978 (being Laws 1993,
|
0001| Chapter 158, Section 24) is amended to read:
|
0002| "61-14A-16. FEES.--The board shall establish a schedule
|
0003| of reasonable nonrefundable fees not to exceed the following
|
0004| amounts:
|
0005| A. application for licensing. .$[500] 1,000;
|
0006| B. application for reciprocal licensing[750] 1,500;
|
0007| C. application for temporary licensing[300] 600;
|
0008| D. examination, not including the cost of any
|
0009| nationally recognized examination. . . . . [350] 1,500;
|
0010| E. [biennial] annual license renewal . . 400;
|
0011| F. late license renewal . . . . . [200] 400;
|
0012| G. expired license renewal. . . . [400] 800;
|
0013| H. temporary license renewal. . . [100] 200;
|
0014| I. application for approval or renewal of approval
|
0015| of an educational program. . . . . . . . . . [400] 800;
|
0016| J. late renewal of approval of an educational
|
0017| program. . . . . . . . . . . . . . . . . . . [200] 400;
|
0018| K. expired renewal of approval of an educational
|
0019| program. . . . . . . . . . . . . . . . . . . [400] 800;
|
0020| L. annual continuing education provider
|
0021| registration . . . . . . . . . . . . . . . . . . . . [200;
|
and] 400;
|
0023| M. duplicate license . . . . . . . . $100; and
|
0024| [M.] N. any and all fees to cover reasonable
|
0025| and necessary administrative expenses."
|
0001| Section 12. Section 61-14A-17 NMSA 1978 (being Laws 1993,
|
0002| Chapter 158, Section 25) is amended to read:
|
0003| "61-14A-17. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW--
|
0004| APPLICATION OF UNIFORM LICENSING ACT.--
|
0005| A. In accordance with the procedures contained in
|
0006| the Uniform Licensing Act, the board may deny, revoke or
|
0007| suspend any permanent or temporary license held or applied for
|
0008| under the Acupuncture and Oriental Medicine Practice Act, upon
|
0009| findings by the board that the licensee or applicant:
|
0010| (1) is guilty of fraud or deceit in procuring
|
0011| or attempting to procure a license;
|
0012| (2) has been convicted of a felony. A
|
0013| certified copy of the record of conviction shall be conclusive
|
0014| evidence of such conviction;
|
0015| (3) is guilty of incompetence as defined by
|
0016| board rule;
|
0017| (4) is habitually intemperate, is addicted to
|
0018| the use of habit-forming drugs or is addicted to any vice to
|
0019| such a degree as to render him unfit to practice as a doctor of
|
0020| oriental medicine;
|
0021| (5) is guilty of unprofessional conduct, as
|
0022| defined by board rule;
|
0023| (6) is guilty of any violation of the
|
0024| Controlled Substances Act;
|
0025| (7) has violated any provision of the
|
0001| Acupuncture and Oriental Medicine Practice Act or rules [and
|
regulations adopted] promulgated by the board;
|
0003| (8) is guilty of failing to furnish the board,
|
0004| its investigators or representatives with information requested
|
0005| by the board;
|
0006| (9) is guilty of willfully or negligently
|
0007| practicing beyond the scope of acupuncture and oriental
|
0008| medicine as defined in the Acupuncture and Oriental Medicine
|
0009| Practice Act;
|
0010| (10) is guilty of failing to adequately
|
0011| supervise a sponsored temporary licensee;
|
0012| (11) is guilty of aiding or abetting the
|
0013| practice of acupuncture and oriental medicine by a person not
|
0014| licensed by the board;
|
0015| (12) is guilty of practicing or attempting to
|
0016| practice under an assumed name;
|
0017| (13) advertises by means of knowingly false
|
0018| statements;
|
0019| (14) advertises or attempts to attract
|
0020| patronage in any unethical manner prohibited by the Acupuncture
|
0021| and Oriental Medicine Practice Act or the rules [and
|
regulations] of the board;
|
0023| (15) has been declared mentally incompetent by
|
0024| regularly constituted authorities; [or]
|
0025| (16) has had a license, certificate or
|
0001| registration to practice as a doctor of oriental medicine
|
0002| revoked, suspended or denied in any jurisdiction of the United
|
0003| States or a foreign country for actions of the licensee similar
|
0004| to acts described in this subsection. A certified copy of the
|
0005| record of the jurisdiction taking such disciplinary action will
|
0006| be conclusive evidence thereof; or
|
0007| (17) fails, when diagnosing or treating a
|
0008| patient, to possess or apply the knowledge or to use the skill
|
0009| and care ordinarily used by reasonably well-qualified doctors
|
0010| of oriental medicine practicing under similar circumstances,
|
0011| giving due consideration to the locality involved.
|
0012| B. Disciplinary proceedings may be instituted by
|
0013| any person, shall be by sworn complaint and shall conform with
|
0014| the provisions of the Uniform Licensing Act. Any party to the
|
0015| hearing may obtain a copy of the hearing record upon payment of
|
0016| the costs of the copy.
|
0017| C. Any person filing a sworn complaint shall be
|
0018| immune from liability arising out of civil action if the
|
0019| complaint is filed in good faith and without actual malice.
|
0020| D. The licensee shall bear the costs of
|
0021| disciplinary proceedings unless exonerated."
|
0022|
|
0023|
|
0024| FORTY-THIRD LEGISLATURE
|
0025| FIRST SESSION, 1997 SB 272/a
|
0001|
|
0002| February 14, 1997
|
0003| Mr. President:
|
0004|
|
0005| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0006| referred
|
0007|
|
0008| SENATE BILL 272
|
0009|
|
0010| has had it under consideration and reports same with
|
0011| recommendation that it DO PASS, amended as follows:
|
0012|
|
0013| 1. On page 12, line 19, after "professional" insert "acting
|
0014| within the scope of his license".
|
0015|
|
0016| 2. On page 13, line 17, before the period insert:
|
0017|
|
0018| "; provided, however, that for the purposes of the Acupuncture
|
0019| and Oriental Medicine Practice Act, "dangerous drug" does not
|
0020| include any controlled substance as defined in the Controlled
|
0021| Substances Act".
|
0022|
|
0023| 3. On page 14, lines 7 through 16, remove the beginning
|
0024| bracket and line-through.
|
0025|
|
0001| 4. On page 14, line 17, remove the bracket and line-through
|
0002| and strike the underscored "A.".
|
0003|
|
0004| 5. On page 14, line 22, remove the brackets and line-
|
0005| through and strike the underscored "B.".,
|
0006|
|
0007| and thence referred to the JUDICIARY COMMITTEE.
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012|
|
0013| __________________________________
|
0014| Shannon Robinson, Chairman
|
0015|
|
0016| Adopted_______________________ Not
|
0017| Adopted_______________________
|
0018| (Chief Clerk) (Chief Clerk)
|
0019| Date ________________________
|
0020|
|
0021| The roll call vote was 4 For 1 Against
|
0022| Yes: 4
|
0023| No: Adair
|
0024| Excused: Boitano, Ingle, Vernon, Smith
|
0025| Absent: None
|
0001| S0272PA1 .116237.1
|
0002| State of New Mexico
|
0003| House of Representatives
|
0004|
|
0005| FORTY-THIRD LEGISLATURE
|
0006| FIRST SESSION, 1997
|
0007|
|
0008|
|
0009| March 17, 1997
|
0010|
|
0011|
|
0012| Mr. Speaker:
|
0013|
|
0014| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
|
0015| whom has been referred
|
0016|
|
0017| SENATE BILL 272, as amended
|
0018|
|
0019| has had it under consideration and reports same with
|
0020| recommendation that it DO PASS, amended as follows:
|
0021|
|
0022| 1. On page 11, lines 21 and 22, remove the beginning
|
0023| bracket and line-through.
|
0024|
|
0025| 2. On page 11, line 23, remove the line-through and end
|
0001| bracket and strike the underscored "C.".
|
0002|
|
0003| 3. Strike Senate Public Affairs Committee Amendment 2.
|
0004|
|
0005| 4. On page 13, line 7, after the bracket strike the
|
0006| remainder of the line, strike line 8 through "including" and
|
0007| insert in lieu thereof a comma.
|
0008|
|
0009| 5. On page 13, line 9, after the semicolon strike "and".
|
0010|
|
0011| 6. On page 13, strike lines 11 through 17 and insert in
|
0012| lieu thereof:
|
0013|
|
0014| "devices, restricted devices and prescription devices, as those
|
0015| devices are defined in the New Mexico Drug, Device and Cosmetic
|
0016| Act, if the board determines by rule that such devices are
|
0017| necessary in the practice of oriental medicine and if the
|
0018| prescribing doctor of oriental medicine has fulfilled
|
0019| requirements for prescriptive authority in accordance with rules
|
0020| promulgated by the board for the devices enumerated in this
|
0021| paragraph;
|
0022|
|
0023| (4) the prescription or administration of
|
0024| cosmetics, therapeutic serum and over-the-counter drugs, other
|
0025| than those enumerated in Paragraph (2) of this subsection, as
|
0001| those are defined in the New Mexico Drug, Device and Cosmetic
|
0002| Act, if the prescribing doctor of oriental medicine has fulfilled
|
0003| the requirements for prescriptive authority in accordance with
|
0004| rules promulgated by the board for the substances enumerated in
|
0005| this paragraph; and
|
0006|
|
0007| (5) the prescription or administration of the
|
0008| following dangerous drugs as they are defined in the New Mexico
|
0009| Drug, Device and Cosmetic Act, if the prescribing doctor of
|
0010| oriental medicine has fulfilled the requirements for prescriptive
|
0011| authority in accordance with rules promulgated by the board for
|
0012| the substances enumerated in this paragraph:
|
0013|
|
0014| (a) vapocoolants;
|
0015|
|
0016| (b) topical application of naturally occurring
|
0017| hormones; and
|
0018| (c) any of the drugs or substances enumerated
|
0019| in Paragraphs (2) and (4) of this subsection if at any time these
|
0020| substances or drugs are classified as dangerous drugs."".
|
0021|
|
0022| 7. On pages 24 through 26, strike Sections 10 and 11 in
|
0023| their entirety.
|
0024|
|
0025| 8. Renumber the succeeding section accordingly.,
|
0001|
|
0002| and thence referred to the APPROPRIATIONS AND FINANCE
|
0003| COMMITTEE.
|
0004|
|
0005| Respectfully submitted,
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| Gary King, Chairman
|
0011|
|
0012|
|
0013| Adopted Not Adopted
|
0014|
|
0015| (Chief Clerk) (Chief Clerk)
|
0016|
|
0017| Date
|
0018|
|
0019| The roll call vote was 5 For 2 Against
|
0020| Yes: 5
|
0021| No: Crook, Dana
|
0022| Excused: Johnson, Rios, Vigil
|
0023| Absent: None
|
0024|
|
0025|
|
0001| 118863.1
|
0002| 118938.2
|
0003| G:\BILLTEXT\BILLW_97\S0272 State of New Mexico
|
0004| House of Representatives
|
0005|
|
0006| FORTY-THIRD LEGISLATURE
|
0007| FIRST SESSION, 1997
|
0008|
|
0009|
|
0010| March 18, 1997
|
0011|
|
0012|
|
0013| Mr. Speaker:
|
0014|
|
0015| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0016| whom has been referred
|
0017|
|
0018| SENATE BILL 272, as amended
|
0019|
|
0020| has had it under consideration and reports same with
|
0021| recommendation that it DO PASS.
|
0022|
|
0023| Respectfully submitted,
|
0024|
|
0025|
|
0001|
|
0002|
|
0003| Max Coll, Chairman
|
0004|
|
0005|
|
0006| Adopted Not Adopted
|
0007|
|
0008| (Chief Clerk) (Chief Clerk)
|
0009|
|
0010| Date
|
0011|
|
0012| The roll call vote was 17 For 0 Against
|
0013| Yes: 17
|
0014| Excused: None
|
0015| Absent: None
|
0016|
|
0017|
|
0018| G:\BILLTEXT\BILLW_97\S0272
|