RELATING TO ORIENTAL MEDICINE; EXPANDING THE PRACTICE OF DOCTORS OF ORIENTAL MEDICINE; PROVIDING FOR APPROVAL OF EDUCATION PROGRAMS; ALLOWING FOR EXTERNS; ALLOWING FOR EXTENDED OR EXPANDED PRESCRIPTIVE AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-31-2 NMSA 1978 (being Laws 1972, Chapter 84, Section 2, as amended by Laws 1997, Chapter 244, Section 2 and also by Laws 1997, Chapter 253, Section 3) is amended to read:
"30-31-2. DEFINITIONS.--As used in the Controlled Substances Act:
A. "administer" means the direct application of a controlled substance by any means to the body of a patient or research subject by a practitioner or his agent;
B. "agent" includes an authorized person who acts on behalf of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman;
C. "board" means the board of pharmacy;
D. "bureau" means the narcotic and dangerous drug section of the criminal division of the United States department of justice, or its successor agency;
E. "controlled substance" means a drug or substance listed in Schedules I through V of the Controlled Substances Act or regulations adopted thereto;
F. "counterfeit substance" means a controlled substance that bears the unauthorized trademark, trade name, imprint, number, device or other identifying mark or likeness of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the controlled substance;
G. "deliver" means the actual, constructive or attempted transfer from one person to another of a controlled substance or controlled substance analog, whether or not there is an agency relationship;
H. "dispense" means to deliver a controlled substance to an ultimate user or research subject pursuant to the lawful order of a practitioner, including the administering, prescribing, packaging, labeling or compounding necessary to prepare the controlled substance for that delivery;
I. "dispenser" means a practitioner who dispenses and includes hospitals, pharmacies and clinics where controlled substances are dispensed;
J. "distribute" means to deliver other than by administering or dispensing a controlled substance or controlled substance analog;
K. "drug" or "substance" means substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any respective supplement to those publications. It does not include devices or their components, parts or accessories;
L. "hashish" means the resin extracted from any part of marijuana, whether growing or not, and every compound, manufacture, salt, derivative, mixture or preparation of such resins;
M. "manufacture" means the production, preparation, compounding, conversion or processing of a controlled substance or controlled substance analog by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:
(1) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
(2) by a practitioner, or by his agent under his supervision, for the purpose of or as an incident to research, teaching or chemical analysis and not for sale;
N. "marijuana" means all parts of the plant Cannabis, including any and all varieties, species and subspecies of the genus Cannabis, whether growing or not, the seeds thereof and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination;
O. "narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:
(1) opium and opiate and any salt, compound, derivative or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation that is a chemical equivalent of any of the substances referred to in Paragraph (1) of this subsection, except the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw, including all parts of the plant of the species Papaver somniferum L. except its seeds; or
(4) coca leaves and any salt, compound, derivative or preparation of coca leaves, any salt, compound, isomer, derivative or preparation that is a chemical equivalent of any of these substances except decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine;
P. "opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under Section 30-31-5 NMSA 1978, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). "Opiate" does include its racemic and levorotatory forms;
Q. "person" means an individual, partnership, corporation, association, institution, political subdivision, government agency or other legal entity;
R. "practitioner" means a physician, doctor of oriental medicine, dentist, physician assistant, certified nurse practitioner, clinical nurse specialist, certified nurse-midwife, veterinarian or other person licensed or certified to prescribe and administer drugs that are subject to the Controlled Substances Act;
S. "prescription" means an order given individually for the person for whom is prescribed a controlled substance, either directly from the prescriber to the pharmacist or indirectly by means of a written order signed by the prescriber, in accordance with the Controlled Substances Act or regulations adopted thereto;
T. "scientific investigator" means a person registered to conduct research with controlled substances in the course of his professional practice or research and includes analytical laboratories;
U. "ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal under the care, custody and control of the person or by a member of his household;
V. "drug paraphernalia" means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of the Controlled Substances Act. It includes:
(1) kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a controlled substance or controlled substance analog or from which a controlled substance can be derived;
(2) kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs;
(3) isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant that is a controlled substance;
(4) testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or controlled substance analogs;
(5) scales or balances used, intended for use or designed for use in weighing or measuring controlled substances or controlled substance analogs;
(6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannite dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or controlled substance analogs;
(7) separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning and refining, marijuana;
(8) blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances or controlled substance analogs;
(9) capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or controlled substance analogs;
(10) containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or controlled substance analogs;
(11) hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances or controlled substance analogs into the human body;
(12) objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(a) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
(b) water pipes;
(c) carburetion tubes and devices;
(d) smoking and carburetion masks;
(e) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small to hold in the hand;
(f) miniature cocaine spoons and cocaine vials;
(g) chamber pipes;
(h) carburetor pipes;
(i) electric pipes;
(j) air-driven pipes;
(k) chilams;
(l) bongs; or
(m) ice pipes or chillers; and
(13) in determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) statements by the owner or by anyone in control of the object concerning its use;
(b) the proximity of the object, in time and space, to a direct violation of the Controlled Substances Act or any other law relating to controlled substances or controlled substance analogs;
(c) the proximity of the object to controlled substances or controlled substance analogs;
(d) the existence of any residue of a controlled substance or controlled substance analog on the object;
(e) instructions, written or oral, provided with the object concerning its use;
(f) descriptive materials accompanying the object that explain or depict its use;
(g) the manner in which the object is displayed for sale; and
(h) expert testimony concerning its use;
W. "controlled substance analog" means a substance other than a controlled substance that has a chemical structure substantially similar to that of a controlled substance in Schedule I, II, III, IV or V or that was specifically designed to produce effects substantially similar to that of controlled substances in Schedule I, II, III, IV or V. Examples of chemical classes in which controlled substance analogs are found include the following:
(1) phenethylamines;
(2) N-substituted piperidines;
(3) morphinans;
(4) ecgonines;
(5) quinazolinones;
(6) substituted indoles; and
(7) arylcycloalkylamines.
Specifically excluded from the definition of "controlled substance analog" are those substances that are generally recognized as safe and effective within the meaning of the Federal Food, Drug and Cosmetic Act or have been manufactured, distributed or possessed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of Section 505 of the Federal Food, Drug and Cosmetic Act;
X. "human consumption" includes application, injection, inhalation, ingestion or any other manner of introduction; and
Y. "drug-free school zone" means a public school or property that is used for public school purposes and the area within one thousand feet of the school property line, but it does not mean any post-secondary school."
Section 2. Section 61-14A-3 NMSA 1978 (being Laws 1993, Chapter 158, Section 11, as amended) is amended to read:
"61-14A-3. DEFINITIONS.--As used in the Acupuncture and Oriental Medicine Practice Act:
A. "acupuncture" means the surgical use of needles inserted into and removed from the body and the use of other devices, modalities and procedures at specific locations on the body for the prevention, cure or correction of any disease, illness, injury, pain or other condition by controlling and regulating the flow and balance of energy and function to restore and maintain health;
B. "board" means the board of acupuncture and oriental medicine;
C. "doctor of oriental medicine" means a person licensed as a physician to practice acupuncture and oriental medicine with the ability to practice independently, serve as a primary care provider and as necessary collaborate with other health care providers;
D. "moxibustion" means the use of heat on or above specific locations or on acupuncture needles at specific locations on the body for the prevention, cure or correction of any disease, illness, injury, pain or other condition;
E. "oriental medicine" means the distinct system of primary health care that uses all allied techniques of oriental medicine, both traditional and modern, to diagnose, treat and prescribe for the prevention, cure or correction of any disease, illness, injury, pain or other physical or mental condition by controlling and regulating the flow and balance of energy and function to restore and maintain health;
F. "primary care provider" means a health care professional acting within the scope of his license who provides the first level of basic or general health care for a person's health needs, including diagnostic and treatment services;
G. "techniques of oriental medicine" means:
(1) the diagnostic and treatment techniques used in oriental medicine that include diagnostic procedures; acupuncture; moxibustion; manual therapy, also known as tui na; other physical medicine modalities and therapeutic procedures; breathing and exercise techniques; and dietary, nutritional and lifestyle counseling;
(2) the prescription or administration of any herbal medicine, homeopathic medicine, vitamins, minerals, enzymes, glandular products, natural substances, protomorphogens, live cell products, gerovital, amino acids and dietary and nutritional supplements;
(3) the prescription or administration of devices, restricted devices and prescription devices, as those devices are defined in the New Mexico Drug, Device and Cosmetic Act, if the board determines by rule that such devices are necessary in the practice of oriental medicine and if the prescribing doctor of oriental medicine has fulfilled requirements for prescriptive authority in accordance with rules promulgated by the board for the devices enumerated in this paragraph;
(4) the prescription or administration of cosmetics, biological products, including therapeutic serum, and over-the-counter drugs, other than those enumerated in Paragraph (2) of this subsection, as those are defined in the New Mexico Drug, Device and Cosmetic Act, if the prescribing doctor of oriental medicine has fulfilled the requirements for prescriptive authority in accordance with rules promulgated by the board for the substances enumerated in this paragraph; and
(5) the prescription or administration of the following dangerous drugs or controlled substances as they are defined in the New Mexico Drug, Device and Cosmetic Act or the Controlled Substances Act, if the prescribing doctor of oriental medicine has fulfilled the requirements for extended or expanded prescriptive authority in accordance with rules promulgated by the board for the substances enumerated in this paragraph:
(a) sterile water;
(b) sterile saline;
(c) sarapin or its generic;
(d) caffeine;
(e) procaine;
(f) oxygen;
(g) epinephrine;
(h) vapocoolants;
(i) bioidentical hormones; and
(j) any of the drugs or substances enumerated in Paragraphs (2) and (4) of this subsection if at any time these substances or drugs are classified as dangerous drugs or controlled substances; and
H. "tutor" means a doctor of oriental medicine with at least ten years of clinical experience who is a teacher of acupuncture and oriental medicine."
Section 3. Section 61-14A-6 NMSA 1978 (being Laws 1993, Chapter 158, Section 14, as amended) is amended to read:
"61-14A-6. EXEMPTIONS.--
A. Nothing in the Acupuncture and Oriental Medicine Practice Act is intended to limit, interfere with or prevent any other class of licensed health care professionals from practicing within the scope of their licenses, but they shall not hold themselves out to the public or any private group or business by using any title or description of services that includes the term acupuncture, acupuncturist or oriental medicine unless they are licensed under the Acupuncture and Oriental Medicine Practice Act.
B. The Acupuncture and Oriental Medicine Practice Act shall not apply to or affect the following practices if the person does not hold himself out as a doctor of oriental medicine or as practicing acupuncture or oriental medicine:
(1) the administering of gratuitous services in cases of emergency;
(2) the domestic administering of family remedies;
(3) the counseling about or the teaching and demonstration of breathing and exercise techniques;
(4) the counseling or teaching about diet and nutrition;
(5) the spiritual or lifestyle counseling of a person or spiritual group or the practice of the religious tenets of a church;
(6) the providing of information about the general usage of herbal medicines, homeopathic medicines, vitamins, minerals, enzymes or glandular or nutritional supplements; or
(7) the use of needles for diagnostic purposes and the use of needles for the administration of diagnostic or therapeutic substances by licensed health care professionals."
Section 4. Section 61-14A-7 NMSA 1978 (being Laws 1993, Chapter 158, Section 15) is amended to read:
"61-14A-7. BOARD CREATED--APPOINTMENT--OFFICERS--COMPENSATION.--
A. The "board of acupuncture and oriental medicine" is created.
B. The board is administratively attached to the regulation and licensing department.
C. The board shall consist of seven members appointed by the governor for terms of three years each. Four members of the board shall be doctors of oriental medicine who have been residents of and practiced acupuncture and oriental medicine in New Mexico for at least five years immediately preceding the date of their appointment. Three members shall be appointed to represent the public and shall not have practiced acupuncture and oriental medicine in this or any other jurisdiction or have any financial interest in the profession regulated. No board member shall be the owner, principal or director of an institute offering educational programs in acupuncture and oriental medicine. No more than one board member may be from each of the following categories:
(1) a faculty member at an institute offering educational programs in acupuncture and oriental medicine;
(2) a tutor in acupuncture and oriental medicine; or
(3) an officer or director in a professional association of acupuncture and oriental medicine.
D. Members of the board shall be appointed by the governor for staggered terms of three years that shall be made in such a manner that the terms of board members expire on July 1. A board member shall serve until his successor has been appointed and qualified. Vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
E. A board member shall not serve more than two consecutive full terms, and a board member who fails to attend, after he has received proper notice, three consecutive meetings shall be recommended for removal as a board member unless excused for reasons established by the board.
F. The board shall elect annually from its membership a chairman and other officers as necessary to carry out its duties.
G. The board shall meet at least once each year and at other times deemed necessary. Other meetings may be called by the chairman, a majority of board members or the governor. A simple majority of the board members serving constitutes a quorum of the board.
H. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
Section 5. Section 61-14A-8 NMSA 1978 (being Laws 1993, Chapter 158, Section 16) is amended to read:
"61-14A-8. BOARD--POWERS.--In addition to any authority provided by law, the board has the power to:
A. enforce the provisions of the Acupuncture and Oriental Medicine Practice Act;
B. adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules necessary for the implementation and enforcement of the provisions of the Acupuncture and Oriental Medicine Practice Act;
C. adopt a code of ethics;
D. adopt and use a seal;
E. inspect facilities of approved educational programs, extern programs and the offices of licensees;
F. adopt rules implementing continuing education requirements for the purpose of protecting the health and well-being of the citizens of this state and maintaining and continuing informed professional knowledge and awareness;
G. employ such professional and clerical assistance as necessary to carry out the powers and duties of the board;
H. issue investigative subpoenas for the purpose of investigating complaints against licensees prior to the issuance of a notice of contemplated action;
I. administer oaths and take testimony on any matters within the board's jurisdiction;
J. conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform Licensing Act; and
K. grant, deny, renew, suspend or revoke licenses to practice acupuncture and oriental medicine or grant, deny, renew, suspend or revoke approvals of educational programs and extern programs in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Acupuncture and Oriental Medicine Practice Act or the rules of the board."
Section 6. Section 61-14A-10 NMSA 1978 (being Laws 1993, Chapter 158, Section 18, as amended) is amended to read:
"61-14A-10. REQUIREMENTS FOR LICENSING.--The board shall grant a license to practice acupuncture and oriental medicine to a person who has:
A. submitted to the board:
(1) the completed application for licensing on the form provided by the board;
(2) the required documentation as determined by the board;
(3) the required fees;
(4) an affidavit stating that the applicant has not been found guilty of unprofessional conduct or incompetency;
(5) proof, as determined by the board, that the applicant has completed a board-approved educational program in acupuncture and oriental medicine as provided for in the Acupuncture and Oriental Medicine Practice Act and the rules of the board; and
(6) proof that he has passed the examinations approved by the board; and
B. complied with any other requirements of the board."
Section 7. Section 61-14A-11 NMSA 1978 (being Laws 1993, Chapter 158, Section 19, as amended) is amended to read:
"61-14A-11. EXAMINATIONS.--
A. The board shall establish procedures to ensure that examinations for licensing are offered at least once a year.
B. The board shall establish the deadline for receipt of the application for licensing examination and other rules relating to the taking and retaking of licensing examinations.
C. The board shall establish the passing grades for its approved examinations.
D. The board may approve, and use as a basis for licensure, examinations that are used for national certification or other examinations.
E. The board shall require each qualified applicant to pass a validated, objective written examination that covers areas that are not included in other examinations approved by the board, including, as a minimum, the following subjects:
(1) anatomy and physiology;
(2) pathology;
(3) diagnosis;
(4) pharmacology; and
(5) principles, practices and treatment techniques of acupuncture and oriental medicine.
F. The board may require each qualified applicant to pass a validated, objective practical examination that covers areas that are not included in other examinations approved by the board and that demonstrates his knowledge of and skill in the application of the diagnostic and treatment techniques of acupuncture and oriental medicine.
G. The board shall require each qualified applicant to pass a written or a practical examination or both in the following subjects:
(1) hygiene, sanitation and clean-needle technique; and
(2) needle and instrument sterilization techniques.
H. The board may require each qualified applicant to pass a written examination on the state laws and rules that pertain to the practice of acupuncture and oriental medicine.
I. If English is not the primary language of the applicant, the board may require that the applicant pass an English proficiency examination prescribed by the board."
Section 8. Section 61-14A-12 NMSA 1978 (being Laws 1993, Chapter 158, Section 20) is amended to read:
"61-14A-12. REQUIREMENTS FOR TEMPORARY LICENSING.--
A. The board shall establish the criteria for temporary licensing of out-of-state doctors of oriental medicine.
B. The board may grant a temporary license to a person who:
(1) is legally recognized to practice acupuncture and oriental medicine in another state or a foreign country or is legally recognized in another state or foreign country to practice another health care profession and who possesses knowledge and skills that are included in the scope of practice of doctors of oriental medicine;
(2) is under the sponsorship of and in association with a licensed New Mexico doctor of oriental medicine or New Mexico institute offering an educational program approved by the board;
(3) submits the completed application for temporary licensing on the form provided by the board;
(4) submits the required documentation, including proof of adequate education and training, as determined by the board;
(5) submits the required fee for application for temporary licensing;
(6) submits an affidavit stating that the applicant has not been found guilty of unprofessional conduct or incompetency; and
(7) submits an affidavit from the sponsoring and associating New Mexico doctor of oriental medicine or New Mexico institute attesting to the qualifications of the applicant and the activities the applicant will perform.
C. The board may grant a temporary license to allow the temporary licensee to:
(1) teach acupuncture and oriental medicine;
(2) consult, in association with the sponsoring doctor of oriental medicine, regarding the sponsoring doctor's patients;
(3) perform specialized diagnostic or treatment techniques in association with the sponsoring doctor of oriental medicine regarding the sponsoring doctor's patients;
(4) assist in the conducting of research in acupuncture and oriental medicine; and
(5) assist in the implementation of new techniques and technology related to acupuncture and oriental medicine.
D. Temporary licensees may engage in only those activities authorized on the temporary license.
E. The temporary license shall identify the sponsoring and associating New Mexico doctor of oriental medicine or institute.
F. The temporary license shall be issued for a period of time established by rule; provided that temporary licenses may not be issued for a period of time to exceed eighteen months, including renewals.
G. The temporary license may be renewed upon submission of:
(1) the completed application for temporary license renewal on the form provided by the board; and
(2) the required fee for temporary license renewal.
H. In the interim between regular board meetings, whenever a qualified applicant has filed his application and complied with all other requirements of this section, the board's chairman or an authorized representative of the board may grant an interim temporary license that will suffice until the next regular licensing meeting of the board."
Section 9. Section 61-14A-14 NMSA 1978 (being Laws 1993, Chapter 158, Section 22, as amended) is amended to read:
"61-14A-14. APPROVAL OF EDUCATIONAL PROGRAMS.--
A. The board shall establish by rule the criteria for board approval of educational programs in acupuncture and oriental medicine. For an educational program to meet board approval, proof shall be submitted to the board demonstrating that the educational program as a minimum:
(1) was for a period of not less than four academic years;
(2) included a minimum of nine hundred hours of supervised clinical practice;
(3) was taught by qualified teachers or tutors;
(4) required as a prerequisite to graduation personal attendance in all classes and clinics and, as a minimum, the completion of the following subjects:
(a) anatomy and physiology;
(b) pathology;
(c) diagnosis;
(d) pharmacology;
(e) oriental principles of life therapy, including diet, nutrition and counseling;
(f) theory and techniques of oriental medicine;
(g) precautions and contraindications for acupuncture treatment;
(h) theory and application of meridian pulse evaluation and meridian point location;
(i) traditional and modern methods of qi or life-energy evaluation;
(j) the prescription of herbal medicine and precautions and contraindications for its use;
(k) hygiene, sanitation and clean-needle technique;
(l) care and management of needling devices; and
(m) needle and instrument sterilization techniques; and
(5) resulted in the presentation of a certificate or diploma after completion of all the educational program requirements.
B. All in-state educational programs in acupuncture and oriental medicine with the intent to graduate students qualified to be applicants for licensing examination by the board shall be approved annually by the board. The applicant shall submit the following:
(1) the completed application for approval of an educational program;
(2) the required documentation as determined by the board;
(3) proof, as determined by the board, that the educational requirements provided for in Subsection A of this section are being met; and
(4) the required fee for application for approval of an educational program.
C. Out-of-state educational programs in acupuncture and oriental medicine with the intent to graduate students qualified to be applicants for licensing examination by the board may apply for approval by the board. The applicant shall submit the following:
(1) the completed application for approval of an educational program;
(2) the required documentation as determined by the board;
(3) proof, as determined by the board, that the educational requirements provided for in Subsection A of this section are being met; and
(4) the required fee for application for approval of an educational program.
D. Each in-state approved educational program shall renew its approval annually by submitting prior to the date established by the board:
(1) the completed application for renewal of approval of an educational program on the form provided by the board;
(2) proof, as determined by the board, that the educational requirements provided for in Subsection A of this section are being met; and
(3) the required fee for application for renewal of approval of an educational program.
E. Each out-of-state approved educational program may renew its approval annually by submitting prior to the date established by the board:
(1) the completed application for renewal of approval of an educational program on the form provided by the board;
(2) proof, as determined by the board, that the educational requirements provided for in Subsection A of this section are being met; and
(3) the required fee for application for renewal of approval of an educational program.
F. A sixty-day grace period shall be allowed each educational program after the end of the approval period, during which time the approval may be renewed by submitting:
(1) the completed application for renewal of approval of an educational program on the form provided by the board;
(2) proof, as determined by the board, that the educational requirements provided for in Subsection A of this section are being met;
(3) the required fee for application for renewal of approval of an educational program; and
(4) the required fee for late renewal of approval.
G. An approval that is not renewed by the end of the grace period shall be considered expired, and the educational program must apply as a new applicant."
Section 10. Section 61-14A-15 NMSA 1978 (being Laws 1993, Chapter 158, Section 23) is amended to read:
"61-14A-15. LICENSE RENEWAL.--
A. Each licensee shall renew his license annually by submitting prior to the date established by the board:
(1) the completed application for license renewal on the form provided by the board; and
(2) the required fee for annual license renewal.
B. The board may require proof of continuing education or other proof of competency as a requirement for renewal.
C. A sixty-day grace period shall be allowed each licensee after the end of the licensing period, during which time the license may be renewed by submitting:
(1) the completed application for license renewal on the form provided by the board;
(2) the required fee for annual license renewal; and
(3) the required late fee.
D. Any license not renewed at the end of the grace period shall be considered expired and the licensee shall not be eligible to practice within the state. For reinstatement of an expired license within one year of the date of renewal, the board shall establish any requirements or fees that are in addition to the fee for annual license renewal and may require the former licensee to reapply as a new applicant."
Section 11. A new section of the Acupuncture and Oriental Medicine Practice Act is enacted to read:
"STUDENTS AND EXTERNS--SUPERVISED PRACTICE.--
A. A student enrolled in an approved educational program may practice acupuncture and oriental medicine under the direct supervision of a teacher or tutor as part of the educational program.
B. The board may promulgate rules to govern the practice of acupuncture and oriental medicine by externs. The rules shall include qualifications for externs and supervising doctors of oriental medicine or other supervising health care professionals and the allowable scope of practice for externs. The board may charge a fee for approval and renewal of approval of extern programs. Participation as an extern is optional and not a requirement for licensure."
Section 12. A new section of the Acupuncture and Oriental Medicine Practice Act is enacted to read:
"EXTENDED OR EXPANDED PRESCRIPTIVE AUTHORITY--CERTIFICATION.--
A. The board may issue certification for extended prescriptive authority as defined by the board to a doctor of oriental medicine who has submitted completed forms provided by the board, paid the application fee for certification and submitted proof of successful completion of additional training required by rule of the board.
B. The board may issue certification for expanded prescriptive authority only for the substances listed in this section to a doctor of oriental medicine who has submitted completed forms provided by the board, paid the application fee for certification and submitted proof of successful completion of additional training required by rule of the board. The board shall adopt the rules determined by the board of pharmacy for additional training required for the prescription or administration of caffeine, procaine, oxygen, epinephrine and bioidentical hormones. The board and the board of pharmacy shall consult as appropriate."
Section 13. Section 61-14A-22 NMSA 1978 (being Laws 1993, Chapter 158, Section 30) is amended to read:
"61-14A-22. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The board of acupuncture and oriental medicine is terminated on July 1, 2005 pursuant to the Sunset Act. The board shall continue to operate according to the Acupuncture and Oriental Medicine Practice Act until July 1, 2006. Effective July 1, 2006, Chapter 61, Article 14A NMSA 1978 is repealed."