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AN ACT
RELATING TO ORIENTAL MEDICINE; CLARIFYING THE PRACTICE OF
ORIENTAL MEDICINE AND PRESCRIPTIVE AUTHORITY OF DOCTORS OF
ORIENTAL MEDICINE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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
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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
disease, illness, injury, pain or other physical or mental
condition by controlling and regulating the flow and balance
of energy, form and function to restore and maintain health;
F. "primary care provider" means a health care
practitioner acting within the scope of the health care
practitioner's license who provides the first level of basic
or general health care for a person's health needs, including
diagnostic and treatment services, initiates referrals to
other health care practitioners and maintains the continuity
of care when appropriate;
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 prescribing, administering,
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combining and providing of herbal medicines, homeopathic
medicines, vitamins, minerals, enzymes, glandular products,
natural substances, natural medicines, protomorphogens, live
cell products, gerovital, amino acids, dietary and
nutritional supplements, cosmetics as they are defined in the
New Mexico Drug, Device and Cosmetic Act and nonprescription
drugs as they are defined in the Pharmacy Act; and
(3) the prescribing, administering and
providing 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
the 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; 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 2. Section 61-14A-4.1 NMSA 1978 (being Laws
2003, Chapter 193, Section 1) is amended to read:
"61-14A-4.1. CERTIFIED AURICULAR DETOXIFICATION
SPECIALISTS, SUPERVISORS AND TRAINING PROGRAMS--FEES.--
A. A person who is not a doctor of oriental
medicine or who is not a person certified as an auricular
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detoxification specialist pursuant to the Acupuncture and
Oriental Medicine Practice Act shall not:
(1) practice auricular acupuncture for the
treatment of alcoholism, substance abuse or chemical
dependency;
(2) use the title of or represent as a
certified auricular detoxification specialist or use any
other title, abbreviation, letters, figures, signs or devices
that indicate that the person is certified to practice as an
auricular detoxification specialist; or
(3) advertise, hold out to the public or
represent in any manner that the person is authorized to
practice auricular detoxification.
B. The board shall issue an auricular
detoxification specialist certification to a person who has
paid an application fee to the board and has successfully
completed all board requirements. The board shall adopt
rules that require an applicant to:
(1) successfully complete the national
acupuncture detoxification association training or equivalent
training approved by the board that shall include clean
needle technique training;
(2) demonstrate experience in treatment,
disease prevention, harm reduction and counseling of people
suffering from alcoholism, substance abuse or chemical
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dependency or become employed by a substance abuse treatment
program;
(3) complete a board-approved training
program that will include examinations on clean needle
technique, jurisprudence and other skills required by the
board; and
(4) demonstrate a record free of convictions
for drug- or alcohol-related offenses for at least two
consecutive years before the person applied to the board for
certification.
C. A certified auricular detoxification specialist
is authorized to perform auricular acupuncture and the
application to the ear of simple board-approved devices that
do not penetrate the skin for the purpose of treating and
preventing alcoholism, substance abuse or chemical
dependency. The specialist shall use the five auricular
point national acupuncture detoxification procedure or
auricular procedures approved or established by rule of the
board and shall only treat or prevent alcoholism, substance
abuse or chemical dependency within a board-approved program
that demonstrates experience in disease prevention, harm
reduction or the treatment or prevention of alcoholism,
substance abuse or chemical dependency.
D. A person certified pursuant to this section
shall use the title "certified auricular detoxification
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specialist" or "C.A.D.S." for the purpose of advertising
auricular acupuncture services to the public.
E. A certified auricular detoxification specialist
shall apply with the board to renew the certification. The
board shall for one year renew the certification of an
applicant who pays a renewal fee and completes the
requirements established by rule of the board. An applicant
who does not apply for renewal before the last date that the
certification is valid may be required to pay a late fee
pursuant to a rule of the board. The board shall deem a
certification for which a renewal has not been applied within
sixty days of that date as expired and an applicant that
seeks valid certification shall apply with the board for new
certification. The board shall by rule require an applicant
for renewal of the certification to demonstrate a record free
of convictions for drug- or alcohol-related offenses for a
minimum of one year prior to application for renewal with the
board.
F. A certified auricular detoxification specialist
shall practice under the supervision of a licensed doctor of
oriental medicine registered with the board as an auricular
detoxification specialist supervisor. A supervising doctor
of oriental medicine shall be accessible for consultation
directly or by telephone to a practicing auricular
detoxification specialist. The supervising doctor of
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oriental medicine shall not supervise more specialists than
permitted by board rule. Supervision requirements shall be
provided by rule of the board.
G. A doctor of oriental medicine who supervises a
certified auricular detoxification specialist shall apply for
registration with the board. The board shall issue an
auricular detoxification specialist supervisor registration
to a doctor of oriental medicine who fulfills board
requirements. The board shall by rule require an applicant
for registration to list the certified auricular
detoxification specialists that will be supervised, pay an
application fee for registration and demonstrate clinical
experience in treating or counseling people suffering from
alcoholism, substance abuse or chemical dependency.
H. A training program that educates auricular
detoxification specialists for certification shall apply for
approval by the board. The board shall approve a training
program that fulfills the board requirements established by
rule and that pays an application fee. The approval shall be
valid until July 31 following the initial approval.
I. A training program that is approved by the
board to provide training for certification of auricular
detoxification specialists shall apply to renew the approval
with the board. The board shall renew the approval of a
program that fulfills board requirements established by rule,
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and the renewal shall be valid for one year. An applicant
who does not renew before the last date that the renewed
approval is valid shall pay a late fee. The board shall deem
a program approval that is not renewed within sixty days of
that date as expired and a program that seeks board approval
shall apply with the board for new approval.
J. The board shall impose the following fees:
(1) an application fee not to exceed one
hundred fifty dollars ($150) for auricular detoxification
specialist certification;
(2) a fee not to exceed seventy-five dollars
($75.00) for renewal of an auricular detoxification
specialist certification;
(3) an application fee not to exceed two
hundred dollars ($200) for registration of a certified
auricular detoxification specialist supervisor;
(4) an application fee not to exceed two
hundred dollars ($200) for the approval of an auricular
detoxification specialist training program;
(5) a fee not to exceed one hundred fifty
dollars ($150) for the renewal of the approval of an
auricular detoxification training specialist training
program; and
(6) a late fee not to exceed fifty dollars
($50.00) for applications for renewal filed after the last
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valid date of a registration, certification, approval or
renewal issued pursuant to this section.
K. In accordance with the procedures set forth in
the Uniform Licensing Act, the board may deny, revoke or
suspend any certification, registration, approval or renewal
that a person holds or applies for pursuant to this section
upon findings by the board that the person violated any rule
established by the board."
Section 3. Section 61-14A-8.1 NMSA 1978 (being Laws
2000, Chapter 53, Section 12) is amended to read:
"61-14A-8.1. EXPANDED PRACTICE AND PRESCRIPTIVE
AUTHORITY--CERTIFICATIONS.--
A. The board shall issue certifications, as
determined by rule of the board, for expanded practice and
prescriptive authority only for the substances enumerated in
Paragraphs (1) and (2) of Subsection C of 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 prescribing,
administering, compounding or dispensing of caffeine,
procaine, oxygen, epinephrine and bioidentical hormones. The
board and the board of pharmacy shall consult as appropriate.
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B. The board shall issue certifications in the
four expanded practices of basic injection therapy, injection
therapy, intravenous therapy and bioidentical hormone
therapy.
C. The expanded practice and prescriptive
authority shall include:
(1) the prescribing, administering,
compounding and dispensing of herbal medicines, homeopathic
medicines, vitamins, minerals, amino acids, proteins,
enzymes, carbohydrates, lipids, glandular products, natural
substances, natural medicines, protomorphogens, live cell
products, gerovital, dietary and nutritional supplements,
cosmetics as they are defined in the New Mexico Drug, Device
and Cosmetic Act and nonprescription drugs as they are
defined in the Pharmacy Act; and
(2) the prescribing, administering,
compounding and dispensing of the following dangerous drugs
or controlled substances as they are defined in the New
Mexico Drug, Device and Cosmetic Act, the Controlled
Substances Act or the Pharmacy Act, if the prescribing doctor
of oriental medicine has fulfilled the requirements for
expanded practice and prescriptive authority in accordance
with the rules promulgated by the board for the substances
enumerated in this paragraph:
(a) sterile water;
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(b) sterile saline;
(c) sarapin or its generic;
(d) caffeine;
(e) procaine;
(f) oxygen;
(g) epinephrine;
(h) vapocoolants;
(i) bioidentical hormones;
(j) biological products, including
therapeutic serum; and
(k) any of the drugs or substances
enumerated in Paragraph (1) of this subsection if at any time
those drugs or substances are classified as dangerous drugs
or controlled substances.
D. When compounding drugs for their patients,
doctors of oriental medicine certified for expanded practice
and prescriptive authority shall comply with the compounding
requirements for licensed health care professionals in the
United States pharmacopeia and national formulary."