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