New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS
Part 1 - GENERAL PROVISIONS
Section 16.2.1.7 - DEFINITIONS
Universal Citation: 16 NM Admin Code 16.2.1.7
Current through Register Vol. 35, No. 18, September 24, 2024
The following definitions apply to the rules and the act.
A. Definitions beginning with "A":
(1)
"A4M" is the
American academy of anti-aging medicine.
(2)
"ACAM" is the American
college of alternative medicine.
(3)
"ACAHM" herbal medicine,
formerly known as and synonymous with the accreditation commission for
acupuncture and oriental medicine, (ACAOM), and any previous or former names
used by the institution including the national accreditation commission for
schools and colleges of acupuncture and oriental medicine, (ACSCAOM).
(4)
"Act" is the Acupuncture and
Oriental Medicine Practice Act, Sections
61-14A-1 through
61-14A-22 NMSA 1978.
(5)
"AMA" is the American
medical association.
(6)
"Animal acupuncture" is acupuncture performed on any animal other
than man. Animal acupuncture is authorized under the supervision of a doctor of
veterinary medicine licensed in New Mexico and only under the guidelines of the
rules of the New Mexico Veterinary Practice Act 61-14-1 to 61-14-20 NMSA 1978
and the rules of the New Mexico board of veterinary medicine
16.25.9.15 NMAC.
(7)
"Applicant" is a person who
has submitted to the board an application for licensure as a doctor of oriental
medicine.
(8)
"Applicant for
temporary licensure" is a person who has submitted to the board an
application for temporary licensure as a doctor of oriental medicine.
(9)
"Auricular acupuncture
detoxification" is an acupuncture related technique used only in the
treatment and prevention of alcoholism, substance abuse and chemical
dependency. Auricular acupuncture detoxification may be described or referred
to as "auricular detoxification", "acupuncture detoxification", "auricular
acupuncture detoxification", or "acudetox".
(10)
"Auricular detoxification
specialist supervisor" is a doctor of oriental medicine registered with
the board under the provisions of
16.2.16.18 NMAC.
(11)
"Auricular detoxification
specialist training program" is a training program approved by the board
under the provisions of
16.2.16.26 NMAC to train certified
auricular detoxification specialists and auricular detoxification
supervisors.
(12)
"Auricular
detoxification specialist training program trainer" is a member of the
staff of an auricular detoxification specialist training program who, though
not necessarily licensed or certified by the state, shall be deemed to be a
certified auricular detoxification specialist only for the purposes of and only
for the duration of the auricular detoxification specialist training
program.
(13)
"Authorized
substances" are the specific substances defined in the four
certification in 16.2.20 NMAC that are authorized according to Paragraph (1) of
Subsection C of Section
61-14A-8 NMSA 1978 of the act for
prescription, administration, compounding and dispensing by a doctor of
oriental medicine certified for a specific category of expanded practice as
defined in 16.2.19 NMAC.
B. Definitions beginning with "B":
(1)
"Bioidentical
hormones" means compounds, or salt forms of those compounds, that have
exactly the same chemical and molecular structure as hormones that are produced
in the human body.
(2)
"Biomedical diagnosis" is a diagnosis of a person's medical status
based on the commonly agreed upon guidelines of conventional biomedicine as
classified in the most current edition or revision of the international
classification of diseases, ninth revision, clinical modification
(ICD-9-CM).
(3)
"Biomedicine" is the application of the principles of the natural
sciences to clinical medicine.
C. Definitions beginning with "C":
(1)
"Certified auricular
detoxification specialist" is a person certified by the board under the
provisions of
16.2.16.10 NMAC to perform
auricular detoxification techniques, only on the ears, only in the context of
an established treatment program and only under the supervision of an auricular
detoxification supervisor registered with the board. A person certified
pursuant to Paragraph (1) of Subsection B of 61-14A-4 NMSA 1978 shall use the
title of "certified auricular detoxification specialist" or
"C.A.D.S."
(2)
"Chief
officer" is the board's chairperson or his or her designee serving to
administer the pre-hearing procedural matters of disciplinary
proceedings.
(3)
"Clinical
experience" is the practice of acupuncture and oriental medicine as
defined in the act, after initial licensure, certification, registration or
legal recognition in any jurisdiction to practice acupuncture and oriental
medicine. A year of clinical experience shall consist of not less than 500
patient hours of licensed acupuncture and oriental medical practice within a
calendar year, seeing at least 25 different patients within that year. One
patient hour is defined as one clock hour spent in the practice of oriental
medicine with patients.
(4)
"Clinical skills examination" is a board approved, validated,
objective practical examination that demonstrates the applicants entry level
knowledge of and competency and skill in the application of the diagnostic and
treatment techniques of acupuncture and oriental medicine and of
biomedicine.
(5)
"Complainant" is the complaining party.
(6)
"Complaint committee" is a
board committee composed of the complaint committee chairperson and the
complaint manager.
(7)
"Complaint committee chairperson" is a member of the board
appointed by the board's chairperson.
(8)
"Complaint manager" is the
board's administrator or any member of the board appointed by the board's
chairperson.
D. Definitions beginning with "D":
(1)
"Department" is the state of
New Mexico regulation and licensing department.
(2)
"Detoxification" is a
concept in integrative medicine based on the principle that illnesses can be
caused by the accumulation of toxic substances (toxins) in the body.
Therapeutic support of elimination of these toxins is detoxification.
(3)
"Doctor of oriental
medicine" is a physician licensed to practice acupuncture and oriental
medicine pursuant to the act and as such has responsibility for his or her
patient as a primary care physician or independent specialty care
physician.
E. Definitions beginning with "E":
(1)
"Educational course" is a
comprehensive foundation of studies, approved by the board leading to
demonstration of entry level competence in the specified knowledge and skills
required for the four respective certifications in expanded practice. An
educational course is not an educational program as this term is used in the
act and the rules and as defined in 16.2.1 NMAC.
(2)
"Educational program" is a
board approved complete formal program that has the goal of educating a person
to be qualified for licensure as a doctor of oriental medicine in New Mexico,
is at least four academic years and meets the requirements of Section
61-14A-14 NMSA 1978 of the act and
16.2.7 NMAC.
(3)
"Expanded
practice" is authorized by of Section
61-14-8.1 NMSA 1978 of the act and
is granted to a doctor of oriental medicine who is certified by the board after
fulfilling the requirements, in addition to those necessary for licensure,
defined in 16.2.19 NMAC. Expanded practice is in addition to the prescriptive
authority granted all licensed doctors of oriental medicine as defined in
Paragraph (2) of Subsection G of Section
61-14A-3 NMSA 1978 of the
act.
(4)
"Extern" is a
current applicant undergoing supervised clinical training by an externship
supervisor, and who has satisfied the application requirements for extern
certification and who has received an extern certification issued by the board
pursuant to 16.2.14 NMAC.
(5)
"Externship" is the limited practice of oriental medicine in New
Mexico by an extern supervised by an externship supervisor pursuant to 16.2.14
NMAC.
(6)
"Externship
supervisor" is a doctor of oriental medicine who has at least five
clinical experience, maintains a clinical facility and maintains appropriate
professional and facility insurance, and who has satisfied the board's
application requirements for an externship supervisor and has received an
externship supervisor registration issued by the board pursuant to 16.2.14
NMAC.
F. Definitions beginning with "F": [RESERVED]
G. Definitions beginning with "G": Good cause" is the inability to comply because of serious accident, injury or illness, or the inability to comply because of the existence of an unforeseen, extraordinary circumstance beyond the control of the person asserting good cause that would result in undue hardship. The person asserting good cause shall have the burden to demonstrate that good cause exists.
H. Definitions beginning with "H": [RESERVED]
I. Definitions beginning with "I":
(1)
"Inactive licensee" means a
licensee in good standing whose license is placed on inactive status by the
board and is therefore considered an inactive license in compliance with
16.2.15 NMAC.
(2)
"ICE" is the institute for credentialing excellence.
(3)
"IFM" is the institute for
functional medicine.
J. Definitions beginning with "J": [RESERVED]
K. Definitions beginning with "K": [RESERVED]
L. Definitions beginning with "L":
(1)
"Licensee" is a doctor of
oriental medicine licensed pursuant to the act.
(2)
"License" has the same
meaning as defined in Paragraph (1) of Subsection F of Section
61-1-34 NMSA 1978.
(3)
"Licensing candidate" is an
applicant whose initial application for licensure as a doctor of oriental
medicine has been approved by the board.
(4)
"Licensing fee" has the same
meaning as defined in Paragraph (2) of Subsection F of Section
61-1-34 NMSA 1978.
(5)
"Licensure by endorsement"
is a licensing procedure for the experienced practitioner who completed his
initial education in acupuncture and oriental medicine prior to the
establishment of current educational standards and who has demonstrated his or
her competency through a combination of education, examination, authorized
legal practice and clinical experience as defined in 16.2.17 NMAC. Completion
of the licensure by endorsement process results in full licensure as a doctor
of oriental medicine.
(6)
"Limited temporary license" is a license issued under the
provisions of
16.2.5.12 NMAC for the exclusive
purpose of teaching a single complete course in acupuncture and oriental
medicine and assisting in the implementation of new techniques in acupuncture
and oriental medicine including the study of such techniques by licensed,
registered, certified or legally recognized healthcare practitioners from
jurisdictions other than New Mexico. A limited temporary license shall be
required for any person who demonstrates, practices or performs diagnostic and
treatment techniques on another person as part of teaching or assisting in the
implementation of new techniques, if they are not a licensee or temporary
licensee. Limited temporary licenses shall not be issued to teachers for the
purpose of teaching full semester courses that are part of an approved
educational program.
(7)
"Live cell products" are living cells from glandular tissues and
other tissues.
M. Definitions beginning with "M": "Military service member" has the same meaning as defined in Paragraph (3) of Subsection F of Section 61-1-34 NMSA 1978.
N. Definitions beginning with "N":
(1)
"Natural
substances" are substances that exist in or are produced by nature and
have not been substantially transformed in character or use.
(2)
"NCA" is a notice of
contemplated action.
(3)
"NCCAOM" is the national certification commission for acupuncture
and oriental medicine.
O. Definitions beginning with "O":
(1)
"Office" is the physical
facility used for the practice of acupuncture and oriental medicine and
auricular detoxification.
(2)
"Oxidative medicine" is the understanding and evaluation of the
oxidation and reduction biochemical functions of the body and the prescription
or administration of substances, and the use of devices and therapies to
improve the body's oxidation and reduction function and health.
P. Definitions beginning with "P": "Protomorphogens" are extracts of glandular tissues.
Q. Definitions beginning with "Q": [RESERVED]
R. Definitions beginning with "R":
(1)
"Respondent" is the subject
of the complaint.
(2)
"Rules" are the rules, promulgated pursuant to the act, governing
the implementation and administration of the act as set forth in 16.2
NMAC.
S. Definitions beginning with "S":
(1)
"Substantial equivalent"
means the determination by the board that the education, examination, and
experience requirements contained in the statutes and rules of another
jurisdiction are comparable to, or exceed the education, examination, and
experience requirements of the Acupuncture and Oriental Medicine Practice Act,
Sections 61-14A-1 NMSA 1978 et.
seq.
(2)
"Supervised
clinical observation" is the observation of acupuncture and oriental
medical practice, in actual treatment situations under appropriate
supervision.
(3)
"Supervised
clinical practice" is the application of acupuncture and oriental
medical practice, in actual treatment situations under appropriate
supervision.
(4)
"Supervision" is the coordination, direction and continued
evaluation at first hand of the student in training or engaged in obtaining
clinical practice and shall be provided by a qualified instructor or tutor as
set forth in 16.2.7 NMAC. No more than four students shall be under supervision
for supervised clinical practice and no more than four students shall be under
supervision for supervised clinical observation by a qualified instructor at
any time.
T. Definitions beginning with "T":
(1)
"Temporary licensee" is a
doctor of oriental medicine who holds a temporary license pursuant to the act,
61-14-12 NMSA 1978 and 16.2.5 NMAC.
(2)
"Therapeutic serum" is a
product obtained from blood by removing the clot or clot components and the
blood cells.
(3)
"Treatment
program" is an integrated program that may include medical and
counseling services for disease prevention, harm reduction or the treatment or
prevention of alcoholism, substance abuse or chemical dependency that is
located at a fixed location or in a mobile unit and approved by the board under
the provisions of
16.2.16.28
NMAC.
U. Definitions beginning with "U": "USP 797" is the United States pharmacopeia Chapter 797 pharmaceutical compounding.
V. Definitions beginning with "V": "Veteran" has the same meaning as defined in Paragraph (4) of Subsection F of Section 61-1-34 NMSA 1978.
W. Definitions beginning with "W": [RESERVED]
X. Definitions beginning with "X": [RESERVED]
Y. Definitions beginning with "Y": [RESERVED]
Z. Definitions beginning with "Z": [RESERVED]
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